DELHI ADMINISTRATION Vs. FRIENDS HOUSING SOCIETY

JUDGEMENT

(1.) This is a letters patent appeal from the order of a learned single Judge dated Novem- ber 15, 1972. Friends Housing Society, re- spondent No. 1, is a partnership concern (Society). They acquired certain lands in Delhi tor a housing colony. They pre- pared a layout plan for the purpose in contemplation.

(2.) On July 19, 1956 the appellant, Union of India, issued a notification under Section 4 of the Land Acquisition Act 1894 (the Act) for acquisition of the lands of the Society. The Society filed objec- tions. After some correspondence the lands were denotified on December 19, 1957.

(3.) So far ao good. A fresh notification under Section 4 of the Act was issued in respect of a large area of land in Delhi including the land in dispute on Novem- ber 1'3, 1959. The Society filed objections against the said notification. On July 1, 1960, the Government issued a press note declaring its policy that all lands of which layout plans had been "fully sanctioned" by the appropriate authority before November 13, 1959 would not be acquired. In pursuance of this policy a Gazette notification was issued. This notification set out the names of such 16 colonies lands of which were excluded from notification, but the proposed colony of the Society was not denotified. Eventually on August 16. 1962. a declaration under Section 6 was issued in respect of the lands of the society. In December 1962 notice under Section 9 of the Act was made.