DELHI ADMINISTRATION Vs. MADAN LAL NANGIA

JUDGEMENT

(1.) This appeal is against a portion of the judgment dated 14th December, 1995 (passed by a Full Bench of the Delhi High Court) whereunder Writ Petition 1543 of 1982, filed by the respondents, has been allowed.

(2.) Briefly stated the facts are as follows : Large tracts of land were acquired for the planned development of Delhi. A large number of writ petitions were filed challenging the acquisition. By the judgment dated 14th December, 1995 the acquisition proceedings were upheld. Appeals against this judgment have been dismissed by this Court. However, in this judgment a few writ petitions, where the lands were evacuee properties, were allowed and the acquisition in respect of those lands was set aside on the following reasoning :

(3.) At this stage it must be noticed that the acquisition of petitioners lands was not under Notification dated 13th November, 1959. Petitioners lands were acquired under proceedings pursuant to Section 4 Notification dated 23rd January, 1965. The Notification dated 23rd January, 1965 did not exempt evacuee properties. The High Court fell in error in stating that a Notification dated 23rd January, 1965 exempted evacuee lands. Thus the factual basis on which acquisition of other evacuee lands was set aside did not exist in this case. This aspect appears to have not been noticed by the High Court. One cannot blame the High Court as there were so many matters before it. It is only natural that facts of this particular case may not have been noticed.