Kanchan Gupta vs. State Of U. P
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18 Feb 2015
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Order Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 5444 OF 2015
SMT. SARLA SHARMA .....PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. .....RESPONDENT(S)
W I T H
SPECIAL LEAVE PETITION (CIVIL) NOS. 9032-9033 OF 2015 (ARISING OUT OF SLP (C) NOS...CC 3385-3386 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 9034 OF 2015 (ARISING OUT OF SLP (C) NO...CC 3389 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 9035 OF 2015 (ARISING OUT OF SLP (C) NO...CC 3443 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 9038-9039 OF 2015 (ARISING OUT OF SLP (C) NO...CC 3555-3556 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 9037 OF 2015 (ARISING OUT OF SLP (C) NO...CC 3603 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 7032 OF 2015 (ARISING OUT OF SLP (C) NO...CC 3682 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NOS. 9010-9011 OF 2015 (ARISING OUT OF SLP (C) NOS...CC 3685-3686 OF 2015)
SPECIAL LEAVE PETITION (CIVIL) NO. 9025 OF 2015 Digitally signed by (ARISING OUT OF SLP (C) NO...CC 3761 OF 2015)
J U D G M E N T
A.K. SIKRI, J.
Since the issue involved in all these petitions is common, the facts, as they appear in Special Leave Petition (Civil) No. 5444 of 2015, are reproduced below:
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- This special leave petition is preferred against the judgment dated 29.01.2015 passed by the High Court in CMWP No. 4356 of 2015, which was filed by the petitioner herein challenging the acquisition of her land. The Government had issued a Notification under Section 4 read with Sections 17(1) and 17(4) on 16.04.2008 and a declaration under Section 6 was issued on 16.06.2008.
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- The High Court has disposed of the writ petition vide its order dated 29.1.2015 taking note of a Full Bench decision of that Court in a bunch of writ petitions, with lead case being Writ Petition No. 37443 of 2001 (Gajraj & Ors. v. State of U.P. & Ors.) decided on 21.10.2011. Since counsel for both the parties before the High Court had agreed that the writ petition of the petitioner was also covered by the aforesaid judgment, the High Court has disposed of the same in terms of the directions contained therein.
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- The judgment in Gajraj & Ors. (supra) came to be challenged by the State as well as the land owners before this Court. All these petitions/appeals, including the appeals filed by the land owners, have been dismissed by this Court affirming the view taken by the Full Bench in Gajraj & Ors. (supra).
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- In view of the aforesaid, all these special leave petitions also stand dismissed.
.............................................CJI. (H.L. DATTU)
.............................................J. (A.K. SIKRI)
NEW DELHI; MAY 14, 2015.
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5444/2015 SMT. SARLA SHARMA Petitioner(s)
VERSUS
STATE OF U.P. & ORS. Respondent(s)
WITH SLP(C)NOS.9032-9033/2015 @ SLP(C)...CC NOS.3385-3386/2015
SLP(C) NO.9034/2015 @ SLP(C)...CC NO.3389/2015
SLP(C) NO.9035/2015 @ SLP(C)...CC NO.3443/2015
SLP(C)NOS.9038-9039/2015 @ SLP(C)...CC NOS.3555-3556/2015
SLP(C)NOS.9037/2015 @ SLP(C)...CC NO.3603/2015
SLP(C)NO.7032/2015 @ SLP(C)...CC NO.3682/2015
SLP(C)NO.9010-9011/2015 @ SLP(C)...CC NOS.3685-3686/2015
SLP(C)NO.9025/2015 @ SLP(C)...CC NO.3761/2015
Date : 14/05/2015 These petitions were called on for pronouncement of Judgment today.
For Petitioner(s) Dr. Rajeev Sharma,Adv. Mr.Pankaj Dubey, Adv. Mr. Raghuvir Sharma, Adv. Mr.Dharmendra Sharma, Adv. Mr.Vipin Kumar Sharma, Adv.
For Respondent(s) Mr.Ravindra Kumar, Adv.
Application for permission to file Special Leave Petition(s), if any, is granted.
Delay, if any, in filing/refiling S.L.P.(s)/appeal(s) is condoned.
Delay, if any, in application(s) for substitution is/are condoned.
Application(s) for substitution(s), if any, is/are allowed.
Application(s) for setting aside abatement, if any, is/are allowed.
Application(s) for impleadment(s)/ intervention(s), if any, is/are rejected.
Hon'ble Mr.Justice A.K.Sikri pronounced the reasoned Judgment of the Bench comprising Hon'ble the Chief Justice and His Lordship.
The Special Leave Petitions stand dismissed, in terms of the non-reportable signed Judgment.
(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar (Non-reportable signed judgment is placed on the file)