LAWS(DLH)-2001-8-175

PARSHADI Vs. UNION OF INDIA

Decided On August 01, 2001
PARSHADI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Initially the petitioners have filed this writ petition seeking a direction to the respondents to decide the representations of the petitioners dated 4.11.1996, 6.12.1996 and 24.1.1997 for releasing from acquisition the lands situated in village Kotia Mahigiran, Mehrauli either in terms of minutes recorded on 7.7.1995 as communicated on 28.7.1995 or issue fresh order and gazette it under Section 48(1) of the Land Acquisition Act. Further relief was sought directing the respondent to implement the National Housing Policy, 1994 as adopted by both the Houses of Parliament.

(2.) During the pendency of the writ petition, on the representation of the petitioners, the then Union Minister for Urban Development vide its order dated 13.4.1999 denotified the land of the petitioners as well as prepared a draft denotification notice. That decision was reversed by the succeeding Minister on 6.7.1999. The decision of reversal is under challenge before this Court.

(3.) It was the case of the petitioners that Notification under Sections 4 and 6 of the Land Acquisition Act was issued on 4,4.1964 and 7.12.1966. Thereafter nothing happened and only in 1981 and 1982 petitioners received notices under Sections 9 and 10 of the Land Acquisition Act. Thereafter the petitioners challenged the entire acquisition proceedings and Notification of 1982 by petitioner Nos. 3 to 5. Consequently, the High Court dismissed the writ petition and Supreme Court also dismissed the writ petition, and therefore, order of stay. of dispossession was vacated finally on 1.11.1996.