DELHI DEVELOPMENT AUTHORITY Vs. GOLCHA THEATRES

JUDGEMENT

(1.) M/s. Golcha Theatres and its thrre partners are the owners of the property bearing no. 1232/1148, and 1253/1148, situated at Gurdwara Road, Karol Bagh, New Delhi. They purchased this built-up property sometime in the year 1962 for the purpose of constructing a cinema after demolishing the existing structure. They moved an Application seeking, permission therefor but it was declined by .the Delhi Development Authority. Therefore, the petitioner wrote to the Municipal Corporation of Delhi for allowing them to put the property to commercial use. This permission was also refused on the short ground that the draft Zonal Development Plan of this area has not yet been published.

(2.) On 10.7.65, the Delhi Development Authority published the draft Zonal Plan for Karol Bagh Zone. In the said plan, the land use of the property in question was shown as commercial upto a depth of 30 ft. of the plot. At the petitioner had no grievance against the draft Zonal Plan, they did not file any objection under Section 10(3) of the Delhi Development Act, 1957.

(3.) Later on, the Lt. Governor of Delhi on 14-9-67 issued a preli- minary notification under Section 4 of the Land Acquisition Act stating therein that the property of the petitioner was likely to be needed for a public purpose, namely, "planned development of Delhi" It was so done on the recommendation of the Board constituted under Rule 8 of the Delhi Development (Master Plan and Zonal Development Plan) Rules framed under Section 56 of the Act. Even though the notification under Section 4 did not spcifically state the particular public purpose for which the land was required the petitioner, however, came to know that the land in question was being acquired for the construction of, a bus terminal. The petitioner fifed objections to the notification under Section 5A of the Land Acquisition Act