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january 1996

Supreme Court of India · 1996-01-08

RAMESH CHANDRA TIWARI vs U.P. AVAS AVAM IKAS PARISHAD .

Citation / case number
SC 1986/69038
Court
Supreme Court of India
Petitioner
RAMESH CHANDRA TIWARI
Respondent
U.P. AVAS AVAM IKAS PARISHAD .
Author
SINGH N.P.
Bench
SINGH N.P.

Judgment text excerpt

The Supreme Court held that Section 6 of the Land Acquisition Act, 1894 does not apply to acquisitions initiated under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, reaffirming the applicability of Sections 28 and 32 of the Adhiniyam as modified by Section 55. The Court reiterated its previous rulings in Gauri Shankar Gaur & Ors. v. State of U.P. and U.P. Avas Evam Vikas Parishad, Lucknow v. Lata Awasthi, confirming the validity of notifications under Section 28 and declarations under Section 38 of the Adhiniyam. Consequently, the claimants are entitled to compensation based on the date of declaration under Section 32.

RAMESH CHANDRA TIWARI vs U.P. AVAS AVAM IKAS PARISHAD . · Niyam