RAJINDER KUMAR AGGARWAL Vs. LIEUTENANT GOVERNER OF DELHI

JUDGEMENT

(1.) The petitioner is the owner of land measuring 12 bighas and 10 biswas situated in khasra Nos.137 min (4-10), 138 min (4-3), 136 min (3-17) situated in the Revenue Estate of Village Mehrauli, New Delhi. The petitioner claims to have constructed a farmhouse on the said land after obtaining permission from the Municipal Corporation of Delhi on 19.4.1990 and the completion certificate was issued on 28.9.1993.

(2.) A notification was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) notifying the intention of the State to acquire the land of the petitioner along with land of others. The avowed public purpose for the land was stated to be building of Vasant Kunj Residential Scheme. The said notification also specified that the Lieutenant Governor of Delhi was satisfied that a case was made out to invoke the emergency provisions and thus the provisions of sub-section (1) of Section 17 of the said Act were applicable to the land and the Lieutenant Governor was pleased to direct that the provision of Section 5A of the said Act would not apply. The total land notified as per the notification was 71 bighas and 13 biswas giving different khasra numbers and the areas as under:

(3.) The petitioner filed WP (C) No.244/2000 on 14.1.2000 aggrieved by the said notification. It is during the pendency of that petition a declaration was issued under Section 6 of the said Act on 29.9.2000. A status quo order was passed on the interim application of the petitioner on 4.9.2002