DELHI DEVELOPMENT AUTHORITY Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Delhi Development Authority, petitioner herein, has filed the present writ petition under Article 226 of the Constitution of India seeking to impugn the award No. 28/2005-06 dated 26.08.2005 under the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) in respect of 4 biswas of land of Khasra No. 116/93/1/1/1 min. in village Yusuf Sarai, Delhi.

(2.) The short legal question raised in the present petition by the DDA is that though they were aware of the proceedings, no notice had been issued under Section 50(2) of the Land Acquisition Act, 1894 at which stage the petitioner would have had an opportunity to lead their evidence. The said provision reads as under:

(3.) It is undisputed that the beneficiary of the acquisition is the DDA. The petitioner was apparently aware of the proceedings but no notice under Section 50(2) of the said Act was issued to the petitioner. The stand of the contesting respondents No. 29 & 30, as set out in para 10 is as under: