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Dr Sangh Mittra (Advocate)     17 September 2016

Mis- representation and frauduluence in decision making by the state

Sir, In the Land Acquisition proceedings commenced and culminated during 2008-2011. The State Government either in connivance with the MUDA ( Urban Development Authority) played fraud upon the masses. Even though the Land Acquisition Collector had recommended the release of land of poor farmers, after his 5-A hearing, the Joint Site Inspection Committee, headed by the Administrator of MUDA reveresed the recommendations of the Land Acquisition Collector. What he had recommended to be released was recommended to be acquired and what he had recommended to be acquired was recommended to be released on pick and choose basis. The Land Acquisition Collector who had made recommendations under Section 5-A was transferred out and his successor sent the Report three days after former's transfer. The latter Land Acquisition Collector sent the 5-A Report to the Administrator, MUDA instead of to the State Government. The worst part is that when the Administrator ,MUDA submitted the file to the Government he mischievously showed the recommendations that had made by the Joint Site Inspection Committee as those that were made by the Land Acquisition Collector after his 5-A hearing. The State Government had not bothered to check it and in the proposal that was put up to the competent authority wrote it is proposed to exclude the areas of land that had been recommended by the Land Acquisition Collector. The Government approved this proposal and the Section 6 declaration was issued. Everybody thought that the Government had exercise its power to accept or reject the recommendations of the LAC. Many affected persons filed cases against acquisition but lost. And even the Supreme Court was misled by the State Government in believing that the State Government had accepted the recommendations of the Land Acquisition Collector. This fraud has been come to my notice as I have got the copy of the file noting which shows that the Administrator, MUDA had misstated and played fraud as stated above. I have submitted this document in the Court. Would I be able to get any relief as I am pleading for quashing of the acquisition proceedings qua my land and can I say that since fraud unravels everything the principles of res- judicata and limitation pale in to insignificance. Please advise as to what line of argument I should limit myself to. With Regards, Dr SM drroshnijustin@gmail.com.


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