BIMLA DEVI VIDYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, by a writ petition registered as C.W. 1850184, challenged before the Delhi High Court a notification under S. 4 of the Land Acquisition Act and a declaration under S. 6 of the Act on several grounds. Since some of the questions arising in the case were same as pressed in another writ application to which the petitioners were not parties, their application C.W. 1850/84 was directed to be heard after the decision in the other case. The other case was disposed of by a judgment published in ILR (1984) 1 Delhi 469; and following the same the petitioners' C.W. 1850/ 84 was dismissed by a short order dated April 17, 1985. This order has been challenged by the present special leave petition on the ground that one of the pleas taken in C.W. 1850/ 84 did not arise for decision in the reported case and the High Court ought to have considered and decided that point also. Mr. Tarkunde, the learned counsel for the petitioners has referred to paragraph 11 of the writ petition filed in the High Court which reads as follows.

(2.) The learned counsel placed the reported decision and pointed out that this question could not be deemed to have been concluded by the reported judgment. The learned counsel for the respondents stated that in all probability the petitioners did not press the said, point and, therefore, the High Court could not deal with the same.

(3.) Special leave is granted.