KHALIL AHMED Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This order of mine will dispose of two writ petitions i. e. CW 79 of 1967, C.W 1409/67-

(2.) In C. W. No. 79 of 1967 it was allege" that the petitioners are owners of 56 Bighas and 6 Biswas of land situated in Khasra N0. 638/ 199/1, Sadhora Kalan, Delhi. On 13 II.1989 anotification was issued under Section 4 of the Lacd Acquisition Act, 1894 (hereinafter called the Act) slating that the land measuring 34070 acres specified in the said notification was required by the government for the purpose of Planned Development of Delhi. The land of the petitioners was included in the said notification. The petitioners filed their objections under Section 5-A of the Act. Another notification dated 19.7.1965 was published on 29.7.1965. This notification also included land which had also been included in the notification dated 13.11.1959. The petitioners filed objections under Section 5-A of the Act to this notification issued under section 4 of the Act dated 19.7.65 subsequently an other notification dt. 5.4.1966 was published in the gazette under Section 6 of the Act. The said notification is attached as annexure 'E' to the petition, and includes the land of the petitioners. Thereafter another three notifications dated 29th October, 1966 were published in consecutive order in Delhi Gazette. By the first of these notification No. F. 15;57)/64-L & H (i), it was alleged that the land mentioned in the notification be deleted from the Notification dated 5th April, 1966 issued under Section 6 of the Act. The specification included the land of the petitioner. By the second notification No F.15(57)/64L & H (ii) certain land mentioned in the specification was deleted from the notification of 19th July, 1985 issued under Section 4 of the Act. The specification included the Sand of the petitioners. By the third notification No. F. l5(57/64-L & H(iii) a declaration was made under the provision of Section 6 of the Act and this included the land of the petitioner is. It was in these circumstances thatC.W.79 of 1967 was filed and a prayer was made that the notification issued under Section 6 of the Act dated 29.10.1965 namely F.l5(a7)/6l-L & H(iii) be quashed as being illegal.

(3.) One of the points taken in writ petition No. 79 of 1966 was that the government could not issue successive notifications under the provisions of Section 6 of the Land Aquisition Act in furtherance of a single notification under Section 4 of the Act. This was presumably based on the decision of the Supreme Court reported as The State of Madhya Prenesh v. Vishnu Prashad Sharma.