LAJYA RAM KAPUR Vs. DELHI ADMINISTRATOR

JUDGEMENT

(1.) this writ petition filed under Article 226 of the Constitution of India the petitioners, who claim to be owners of khasra number 367, 30 Alipur Road, Civil Lines, Delhi, seek to quash the land acquisition proceedings taken in respect of it on various grounds. An area 1.75 acres corresponding to 8470 square yards (8 Bighas) in khasra No. 367 situated in Civil Lines, Delhi, was purchased by the first petitioner and the late father of petitioners 2 to 6 after they migrated to Delhi from an area which now forms Pakistan. The object of the petitioners was to demolish the dilapidated house on the property known as 30, Alipur Road, Civil Lines, Delhi and to construct residential and other accommodation for the petitioners and the other members, of the family. It was got released and the other constructions were demolished at considerable cost. The property was further agreed to be divided into plots in order to construct residential houses as per a compromise, dated 14th January 1960 in a partition suit which had been filed for the purpose.

(2.) It is alleged in the petition that in the beginning of July 1960 a notice, in Urdu, purporting to be under section 5-A(1) of the Land Acquisition Act dated 24th June, 1960 had been affixed on the property in dispute with an endorsement of service dated 27th June 1960. The petitioners thereupon made enquiries and found that there had been a notification dated 26th May 1960 published in the Delhi Administration Gazette dated 9th June 1960 inviting objections against the proposed acquisition of the property described as follows :

(3.) It is stated that at that time there was no bungalow in existence nor was the said bungalow situated on khasra No. 463. It is pointed out that Khasra No. 463 relates to No. 6, Ludlow Castle Road, i.e., the residence of the Chief Commissioner Delhi, himself. In addition, the property in dispute is only about 8 bighas and not 10 bighas 19 biswas, as mentioned in the notification (copy of which is Annexure A to the writ petition). It is further averred in the petition that though the notification did not relate to the property in dispute inasmuch as it related to some bungalow having a different area and situate in a different khasra number they filed objections to the proposed acquisition under advice. The notification under section 4 related to six items of properties, including 30 Alipur Road, and they were stated to be required by the Government for the establishment of schools and construction of residential accommodation for the staff of the Delhi Administration. It was not specified, however, which property, among the six, was required for which purpose. The notification have also been attacked as mala fide, as having been issued with a view to coerce the owners to sell substantial parts of the properties to the nominees of the Delhi Administration at nominal prices. It was further pointed out that there was still plenty of Government land more suitable for schools and Government quarters. An allegation was also made that the properties of those persons, who had agreed to privately transfer their properties, had been released from the Land Acquisition proceedings. To the objections filed by the petitioners before the Land Acquisition Collector to the proposed acquisition the Government filed a, reply; a further replication was also filed by the petitioners and evidence was also led before the Land Acquisition Collector. But the orders passed on those objections were not communicated to the petitioners. When the first petitioner found some officials taking measurements in order to take possession he made enquiries and found that a declaration had been made under section 6 of the Act by notification dated 8th August, 1961. The present writ petition was filed on 19th September 1961.