BIJWASAN GRAM VIKAS SAMITI Vs. L G DELHI

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India seeking quashing of Notification No. F.9(10)/08/L&B/LA/14131 dated 4th February, 2010 issued by Joint Secretary (L&B), Land & Building Department, Government of NCT of Delhi for acquisition of land in village Bijwasan under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "Act") for construction of ,,Road Over Bridge.

(2.) The relevant facts of the present case are that the land measuring 12-03 bigha in Village Bijwasan has been acquired under Section 4 read with Section 17(1) of the Act for a public purpose, namely, ,,for construction of Road Over Bridge.

(3.) It is the respondents case that the land in question is needed in larger public interest for an infrastructural project that has been undertaken by the MCD in order to decongest the traffic. The said project has been approved by the DDA in its technical committee meeting held on 1st February, 2007. The location of the project was examined by the MCD and a request was made to the Government of NCT of Delhi for acquisition of the said land. The MCDs request was examined and the Lt. Governor of Delhi, being the Appropriate Authority, after being satisfied with the urgency involved in the matter issued a direction under Section 17(4) of the Act dispensing with the enquiry under Section 5A of the Act. The requisite notification dispensing with the provision of Section 5A of the Act, was issued on 4th February, 2010. There is no dispute that the acquisition is for a valid public purpose.