L K MALIK Vs. D D A

JUDGEMENT

(1.) Leave granted.

(2.) By this common judgment, we dispose of all the appeals, as relief sought for are similar and common.

(3.) The facts may be briefly stated. One of the appellants- Shri N. N. Verma (hereinafter referred to as the coloniser) acquired certain lands by purchase in Delhi and submitted a layout plan for establishment of a colony known as the Shama Prasad Mukherjee Park (shortly stated as 'SPMP'). The lay out plan was sanctioned by the authority by Resolution dated 9-3-1957 and in the Resolution it was mentioned that the area of the lay out plan was 20 acres. On 13-11-1959, on the instruction of the Central Government, the Delhi Administration issued a notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') for acquisition of over 34,000 acres of land within Delhi including the above land of the SPMP colony. The notification under Section 6 of the Act was also issued. The Central Government, however, took a policy decision that land of the colonies whose lay- out plan was sanctioned would be released from acquisition. A statement was made by the Minister of Health, Works and Housing on March 10, 1960 on the floor of the House of Parliament. In the said statement, the Minister announced that Government had decided that as a measure to meet the acute housing shortage in Delhi, the colonies whose layout/building plans had been approved by the Delhi Municipal Corporation or the Delhi Development authority or any other competent authority would be released from the purview of notification under Section 4 of the Act. In the said statement names of 21 colonies including that of the SPMP colony were spelt out indicating the area. In respect of the SPMP colony the area was shown as 1,54,500 sq. yards. On 1-7-1960, the Delhi Administration issued a notification under Section 48 of the Act releasing the land of 21 colonies including the SPMP colony mentioned in the said statement of the Minister in the Parliament and the area of land of the SPMP colony was shown as 20 acres. According to the respondents, the Delhi Development Authority (for short the DDA') took possession of the remaining area of the land under Section 16 of the Act, which was disputed by the appellants. The coloniser also made an application under Section 18 of the Act, which was also disposed of. There is a dispute regarding payment of compensation to the coloniser.