LAL SINGH Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) This writ petition was filed by Shri Lal Singh and 295 others under Articles 226 and 227 of the Constitution of India praying (1) for the issuance of an appropriate writ, order or direction quashing certain proceedings under the Land Acquisition Act, and (2) for the issuance of a directioln to the respondents not to take possession of the lands and buildings of the petitioners, and also not to demolish or in any way interfere with the buildings of the petitioners situated in the Shakarpur Extension Colony in the Revenue Estates of Shakarpur Khas and Mandaoli Fazalpur. Delhi-Shahdara. Delhi. The respondents to the writ petition are -(1) The Lt. Governor, Delhi,. (2) The Delhi Administrstion The Land Acquisition Collector, (4) Delhi Develonment Authority and (5) Municipal Corporation of Delhi.

(2.) The petitioners are residents of Shakarpur Extension Colony. Delhi. Shahdara, Delhi. According to the petitioners, the said Colony was formed by the merger of small blocks of houses and plots which were in existence prior to 1959. It was statein the writ petition that the Colony has an area of about 60 acres comprised of about 2,500 plots, that about 1.800 houses were already built over it, and that nearly 2.000 families have been residing there since prior to 1959. The petitioners built the residential houses over a large number of plots owned by them. It was further stated in the writ petition that the aforesaid Colony has been earmarked as a residential area in the Master Plan for Delhi, and that in the Draft Zonal Development Plan I also. except for a small nortion., it has been shown as residential area.

(3.) On 13-1-1959. the Chief Commissioner of Delhi issued Notification (Annexure 'B') No. F.I 5(III)/59-LSG, under Section 4 of the Land Acquisition Act, 1894, notifying that the land measuring 34.070 acres and marked with blocks A to T and X in the annexure to the said notification (except certain categories of land) was likely to be acquired at the public expense for a public purpose, namely, the Planned Development of Delhi. According to the petitioner, the entire properties of the petitioners were situated in block T in the annexure to the said notification. Thereafter, several notifications were issued under Section 6 of the Land Acquisition Act on various dates between 1961 and 1965, but the properties of the petitioners were not included in them.