UNION OF INDIA Vs. JASWANT RAI KOCHHAR

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides.

(3.) Notification under section 4 (1) of the Land Acquisition Act, 1894 [for short the 'Act'] was published on November 6, 1958 acquiring the land for housing scheme. The same came to be challenged on the ground that the appellant had proposed to use the land for the district centre i. e., commercial purpose. The learned single Judge allowed the writ petition and quashed the notification holding that the property acquired was for housing scheme which cannot be used for commercial purpose, namely, District Centre. On appeal, the Division Bench of Delhi High Court in LPA No. 1 of 1977 by order dated February 6, 1984 confirmed the same, Thus this appeal by special leave.