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SPA/287/2020
2023 Latest Caselaw 2057 UK

Citation : 2023 Latest Caselaw 2057 UK
Judgement Date : 3 August, 2023

Uttarakhand High Court
SPA/287/2020 on 3 August, 2023
                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                            COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      03.08.2023                        Review Application MCC No. 10139 of 2021
                                        In
                                        SPA No. 287 of 2020

                                        Hon'ble Vipin Sanghi, C.J.
                                        Hon'ble Rakesh Thapliyal, J.

1. Mr. B.D. Pande and Mr. Dinesh Gahatori, learned counsels for the appellant.

2. Mr. Shobhit Saharia, learned counsel for respondent No. 1.

3. Mr. Vikas Pande, learned Standing Counsel for the State.

4. During the course of hearing of the review application, Mr. Saharia has submitted that, in any event, the claim for allotment of plot by the widow could not have been sustained merely on the ground that she was owning property in her own name (which she inherited from her parents) on the date of issuance of the Notification under Section 4 of the Land Acquisition Act, when in respect of land owned by her husband, his three sons had been given plots.

5. Mr. Saharia submits that irrespective of the source of ownership, and ownership of one or the other, the husband and wife, under the rehabilitation policy, are considered as a single unit.

6. The rehabilitation police of December 1998 has been placed on record along with the present appeal which, in clause I(ii) states that "each displaced land owner family.....".

7. Mr. Saharia submits that Government Order dated 27.07.1983 has been issued in this regard which has been followed in WPMS No. 1331 of 2022, Bhagwan Singh Rana Vs State of Uttarakhand and others.

8. Let Mr. Saharia bring on record the Government Order dated 27.07.1983, as well as the judgment of this Court in Bhagwan Singh Rana (supra).

9. List the matter on 27.09.2023.




       (Rakesh Thapliyal, J.)    (Vipin Sanghi, C.J.)
            03.08.2023                  03.08.2023
Negi
 

 
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