RAJESH BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners are the recorded owners and in physical possession of the land and built up approved farm houses and structures located in Khasra Nos. 32/2 (2-08), 32/3 min (3-07) 32/4/1 min (3-04), 32/7 (4-16) 32/3 min (2-19), 32/4/1 min (1-09), 32/4/2 (0-3), 32/5 (4-16) and 32/6 (4-16) ad measuring 27 Bighas 18 Biswas situated in the revenue estate of Village Baprola alias Bapdola, Tehsil Punjabi Bagh, Delhi in pursuance of the registered Sale Deeds. It is submitted that the land use as per MPD - 2001 was agricultural farm house. Mutations were also carried out in favour of the Petitioners and the construction is stated to have been carried out in pursuance of the Building Plans duly sanctioned by the Municipal Corporation of Delhi. The construction is, however, stated to have been completed only after fresh sanctions were obtained and the completion certificate was issued on 01.05.1996. The property is assessed to house-tax.

(2.) The Petitioners are aggrieved by the notification issued under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 (for short, "the said Act") dated 12.08.1997 seeking to acquire the land in question for public purpose, namely, setting up of a Growth Centre. The Petitioners claim to have made a representation to the Lieutenant Governor on 28.08.1997 followed up by various representations to de-notify the land, but to No. avail, though de-notification was recommended in case of the land of certain other Respondents. We may note that the total area sought to be acquired was 505 Bighas 2 Biswas under the notification.

(3.) A declaration is stated to have been issued under Section 6 of the said Act on 31.05.1998 and since steps were being taken for taking over possession of the land, the present writ petition was filed under Article 226 of the Constitution of India challenging the said notification.