GAIN CHAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner claims to be the owner and in possession of land measuring 1 bigha in Khasra No.10/24 min situated in the revenue estate of Vilalge Singhu, Delhi. THE land is stated to have been constructed and built up in the year 1950 and a veterinary hospital was set up in the year 1954. However, a notification was issued under Section 4(1) of the Land Acquisition Act, 1894 ('the said Act' for short) on 23.02.2006 giving opportunity to the affected parties to file their objections under Section 5A of the said Act. THE petitioner states that he filed objections to the said acquisition on 13.03.2006, but no opportunity of hearing was ever given to the petitioner. A declaration was, however, made on 22.02.2007 under Section 6 of the said Act.

(2.) IN the aforesaid facts and circumstances of the case, the petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of INdia seeking quashing of the notification dated 23.02.2006 and the declaration dated 22.02.2007. The challenge laid by the petitioner is really on two grounds. The first ground is that since the land was fully built up since 1950, as per a policy of the Government, such built up area is not required. Secondly, the petitioner has been denied the opportunity of personal hearing in respect of the objections filed under Section 5A of the said Act.

(3.) THE land in question was being acquired for the benefit of the DDA and thus at the oral request of learned counsel for the petitioner, the DDA was impleaded as R-3 in terms of the order dated 12.09.2008. On the same date, plea of learned senior counsel for the petitioner was noticed that according to the Zonal Development Plan, the right of way on the road in question had been reduced from 60 metres to 30 metres and thus the petitioner claimed that much of the area which was being acquired would not be required for purposes of widening of the road. THE DDA filed an affidavit affirmed on 30.05.2009, but the same failed to answer the question which had been raised i.e. width of the road and the requirement of the remaining land specifying the purpose. THE fate of the Zonal Development Plan stated to be sent to the Ministry of Urban Development on 01.06.2009 for approval was still being awaited.