LAWS(SC)-2012-9-129

BHARAT SEWAK SAMAJ Vs. LT.GOVERNOR

Decided On September 10, 2012
Bharat Sewak Samaj Appellant
V/S
LT.GOVERNOR Respondents

JUDGEMENT

(1.) LEAVE granted. This is an appeal for setting aside the order passed by the Division Bench of the Delhi High Court whereby the writ petition filed by the appellant for quashing the acquisition of its land was dismissed.

(2.) THE appellant is a Society registered under the Societies Registration Act, 1860. It purchased 12 bighas 5 biswas land comprised in khasra Nos. 301 and 493/302, Village Ladha Sarai, Delhi vide sale deed dated 22.2.1962, which was registered on 10.4.1962. After purchasing the land, the appellant constructed Night Shelter, Mahila Shilp Kala Kendra, Balwari, Charitable Medical Dispensary, Ashram, Library etc.

(3.) AFTER 11 years and 2 months, the Government of NCT of Delhi issued Notification dated 6.7.2004 under Section 4(1) read with Section 17(1) and (4) of the Act for the acquisition of the appellant's land for the specified public purpose, i.e., development of Mehrauli Heritage Zone under the planned development of Delhi. The declaration issued under Section 6(1) was published vide Notification dated 12.8.2004. On the same day, another notification was issued authorising Land Acquisition Collector (South), Delhi to take possession of the land. For the sake of reference, Notification dated 6.7.2004 is reproduced below: <FRM>JUDGEMENT_797_TLPRE0_2012.htm</FRM>