MUKESH HANS Vs. UNION OF INDIA

JUDGEMENT

(1.) A Notification bearing No.F.9(20)/78--L&B( i ) dated 30th June, 1988 was issued on behalf of the Lieutenant Gaovornor, Delhi stating therein that 72 bighas of land in Village Mehrauli were likely to be required for the planned development of Delhi. The Notification, issued under the provisions of Section 4 of the Land Acquisition Act. 1894 (hereinafter referred to as the Act), accordingly notified the land in question as being likely to be required for the above purpose. The Lt. Governor was of opinion that the provisions of Section 17(1) of the Act are also applicable to this land and was further pleased to direct, under the provisions of Section 17(4) of the Act, that the provisions of Section 5A thereof shall not apply. In other words, the land owners were denied their right to object to the proposed acquisition of their land.

(2.) The Notification is Annexure P-1 to Civil writ Petition No.1580 of 1988 and this reads as follows:- "DELHI ADMINISTRATION : DELHI (LAND & BUILDING DEPARTMENT) NOTIFICATION Dated : 30.06.1988 No.F.9(20(/78-L&B(i) Whereas it appears to the Lt. Governor, Delhi, that the land is likely to be required to be taken by Govt. at the public expense for a public purpose, namely for "Planned Development of Delhi", it is hereby notified that the land in the locality described below is likely to be required for the above purpose.

(3.) This notification is made under the provisions of Section 4 of the Land Acquisition Act, to all whom it may concern. In exercise of the powers conferred by the aforesaid section, the Lt. Governor, Delhi, is pleased to authorise the Officer for the time being engaged in the undertaking with their servants and workmen to enter upon and survey any land of the locality and do all other acts required or permitted by thai section.