LAWS(SC)-2008-7-160

MEERA SAHNI Vs. LT GOVERNOR OF DELHI

Decided On July 15, 2008
MEERA SAHNI Appellant
V/S
LT GOVERNOR OF DELHI Respondents

JUDGEMENT

(1.) LEAVE granted in Special Leave petition Nos. 11233-11234 of 2001.

(2.) ALL these appeals involving identical issues were heard together and are being disposed of by this common Judgment and order.

(3.) ON 24. 10. 1961, a Notification was issued under Section 4 of the Land acquisition Act under the orders of the Lieutenant governor of Delhi intending acquisition of land for the public purpose, namely for the planned development of Delhi. Under the aforesaid Notification the land allegedly belonging to the predecessors in-interest of the present appellants which constitute the subject matter of the present appeals was also sought to be acquired. Declaration under section 6 of the Land Acquisition Act through a Notification dated 4. 1. 1969 was also issued stating that the said land is required for the public purpose, namely, for the planned development of Delhi. In the year 1980, two of the appellants viz. Mrs. Meera Sahni and Mrs. Padma Mahant purchased the said acquired land from one Shri Chand which was transferred through Mr. Nand Kishore, power of attorney holder. Subsequently, on 26. 4. 1983 notification under section 9 of the Land Acquisition Act was issued. It is pertinent to mention here that no Notification under Section 48 of the Land Acquisition Act, which empowers the government to withdraw from acquisition of any land on which possession has not been taken, was issued in respect of land in question.