MOHANSINGH Vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The International Airport Authority of India (for short 'iaai') had requisitioned the Lt. governor, Delhi and the government of India to acquire 713 bighas, 2 biswas of land for rehabilitation of 1000 families displaced by acquisition of land for Indira Gandhi International Airport. The Lt. governor, exercising the power under Section 17 (1 dispensed with the enquiry under Section 5-A and directed under Section 17 (4 to take over possession. The notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short 'the Act') was published on 23/12/1986. The same was published in two newspapers on 3/1/1987. The notice of substance of such notification was given at convenient places in the locality. The declaration under Section 6 (1 was published on 24/12/1986 and notice of substance thereof was given in the locality thereafter. The possession of the land was taken over on 29/1/1987. The awards also were made by the Collector under Section II on 23/12/1987.

(3.) It would appear that, admittedly, a batch of writ petitions was filed in the High court impugning the notification under Section 4 (1 and the declaration under Section 6 (1 and the exercise of power under Section 17 (4. The whole batch of cases was dismissed and became final. These two Civil Writ Petitions Nos. 133 and 2440 of 1987 were segregated due to amendment of their pleadings wherein the appellants had pleaded that the notification under Section 4 (1 and the declaration under Section 6 (1 were actually published on 28/1/1987 and 29/1/1987 respectively. Therefore, it was contended before the learned Single Judge that in either event, notification under Section 4 (1 was published in the newspapers on 3/1/19877. While the government exercised the power under Section 17 (4 before publication of the notification under Section 4 (1, as contemplated in the manner prescribed under Section 4 (1, the learned Single Judge accepted the contention and held that the exercise of power by the government dispensing with the enquiry under Section 5-A and publication of the declaration under Section 6 was illegal. Accordingly, she quashed the declaration under Section 6 and gave liberty to the Lt. governor to have the declaration published afresh in accordance with law. On appeal, the Divisionbench, in the impugned judgment in LPA No. 53 of 1994 and batch, dated 28/2/1996, reversed the judgment of the Single Judge dated 20/5/1994. Thus, these appeals by special leave.