ASHOK KUMAR MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Present Letters Patent appeal has been filed challenging the judgment and order dated 23rd April, 2010 whereby a learned Single Judge of this Court has dismissed the appellants' writ petition being W.P.(C) 1216/2010 with costs of Rs. 50,000/- to be paid by each of the appellants to Delhi Development Authority within ten weeks.

(2.) Mr. Anil K. Aggarwal, Learned Counsel for appellants contended that around 1971-1972, the appellants had purchased properties from various Bhoomidars by way of registered sale deeds. He further stated that appellants as well as other owners of the land in dispute had through their association, Ashok Nagar Welfare Association, applied for mutation of the said land in revenue record, but the same was not carried out. Mr. Aggarwal stated that around 1984, the appellants came to know that their lands had been acquired by respondent in the year 1982.

(3.) Mr. Anil Aggarwal, Learned Counsel for appellants submitted that the acquisition was illegal as the land had been acquired without giving any prior notice to the appellants. He further stated that the Government authorities had wrongly relied upon the mutation entries in the revenue record to ascertain the owner of the land and consequently, no compensation had been paid to the appellants. Mr. Aggarwal further contended that as no actual physical possession of the appellants' land had ever been taken by the Revenue, the acquisition proceedings were vitiated. He also submitted that the acquisition notifications were ultra vires the Delhi Development Authority Act, 1957 and Part IX-A of Municipalities as well as Article 239AA of the Constitution besides being unfair, discriminatory and irrational. Mr. Aggarwal lastly submitted that the Government had decided to regularize unauthorized colonies on the acquired land which amounted to abandonment of the purpose for which the land had been acquired. In this connection Learned Counsel for appellants relied upon a large number of judgments of the Apex Court as well as this Court.