JAS RATH Vs. UNION OF INDIA

JUDGEMENT

(1.) A common judgment is being delivered in these appeals filed under Section 54 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act) since common questions arise for consideration as regards lands situate within the same revenue estate which were acquired by successive notifications issued within a short span.

(2.) Revenue Estate of Rithala had its own importance and was a very large revenue estate surrounded by eight villages, namely, Pooth Kalan, Pansali, Shahbad-Daulatpur, Samepur, Badli, Naharpur, Mangolpur-Kalan and Mangolpur-Khurd. Towards South being Samepur. Badli and Naharpur towards East Being Pooth-Kalan and Pansali being towards West.

(3.) A portion of land situate within the revenue estate Rithala was acquired for public purpose at public expense, namely. Planned Development of Delhi through notification issued under Section 4 of the Act on 24/10/1961. Alongwith the land situate in revenue estate Rithala some lands situate in Badli and Naharpur were also acquired under the same notification. The ultimate purpose for acquisition being to set up the famous colony of Rohini. The left out land of Rithala was thereafter subjected to consolidation under the provisions of the Act. The entire land was marked into rectangles and squares. During this consolidation of holding proceedings every chak was provided with a rasta (path). There were seven pucca roads within this revenue estate in addition to every chak having a rasta and it is not a disputed fact that it was a semi- developed area, keeping in view its topographical location. It was brought to our notice that after development of the land, which had been acquired though notification dated 24/10/1961, the colony of Rohini was set up by Delhi Development Authority. In the brochure issued by Delhi Development Authority it was stated that "Rohini is a project on 2497 ha. of land in North west Delhi, within a distance of 15 Km. from Connaught Place, in continuation of Shalimar Bagh and Pitampura residential schemes. The area is situated along the outer Ring Road, between the two major traffic corridors the G.T. Road with railway line to Karnal and Rohtak Road with Railway line to Rohtak". In the Brochure Rohini was described as a predominantly residential area to house approximately eight lac fifty thousand population. This brochure was issued by DDA on 9/2/1981 inviting applications from general public for allotment of various categories of plots. Last date of receipt of application was 31/3/1981.