LAWS(DLH)-1990-9-30

ANGELO FERNANDES Vs. UNION OF INDIA

Decided On September 04, 1990
ANGELO FERNANDES Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged a notification dated 4th of April 1964 under Section 4, a declaration dated 7th of December 1966 under Section 6 and notice dated 8th of June 1967 under Section 9 of the Delhi Land Acquisition Act, 1894 (hereinafter referred to as the Act) in respect of land in perpetual tenancy of the petitioner, bearing Khasra No. 19 min, measuring 99 bighas 4 bighas in Village Okhala. By anadditional affidavit, placing on record certain subtequent events, the petitioner has also claimed a declaration that the entire proceedings for the. acquisition of the land have lapsed.

(2.) . In pursuance of the notifitanon under Section 4, followed by the declaration under Section 6 and the notice dated 8th of June 1967, the petitioner filed, within the time allowed for that purpose, objections and claim to compensation under Section 9 of the Act, Thereafter, no proceedings were held. The petitioner was not notified of ariy progress despite reminders dated 22nd of February 1971, 19th of April 1972 and '6th of December 1979 (Annexure P-l to P-III respectively to the wirt petition).

(3.) . In October 1982, on the basis of some rumour that acquisition proceedings were being taken up, the petitioner filed this writ petition on 4th of October 1982 challenging the said notification and declaration, inter alia, on the ground that there was unreasonable delay in the conclusion of the acquisition proceedings.