SHRIKISHEN DAS GUPTA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioners arc aggrieved by the land acquisition proceedings taken by the Delhi Administration at the behest of the Municipal Corporation of Delhi in respect of their property bearing Nos. 3777, 3778 and 3779 in Ward No. VI, Charkhewalan, Chauri Bazar, Delhi, Om Parkash is the owner and landlord of the neighbour- ing property bearing No. 3780.

(2.) On or about the 9th July, 1962, the Commissioner of Municipal Corporation, Delhi sent a proposal to the Corporation lor the acquisition of 2 plots of land bearing Nos. 3564/VI in Kucha Daya Ram belonging to Shri Hansraj Gupta (now Mayor of Delhi) and No. 3777/ VI in Charkhewalan, Delhi belonging to the petitioners for the purposes of a school; the said letter disclosed the two plots measured 2000 squar yards and 1500 sq. yards, respectively- The aforesaid letter was put up before the Education Committee of the Municipal Corporation for approval. After the same was approved it was put up before the Standing Committee of the Municipal Corporation and after approval of the proposal it was finally placed before the Municipal Corporation a its meeting held on 11-9-1962. By Resolution No. 338 the said proposal was approved. On the recommendation of the Commissioner another Resolution No. 5218 dated 11-12-1962 was passed by the Corporation amending the number of the property to be acquired ; No. 3563 and 3564 of Hansraj Gupta and No. 3777 to 3779 of tl petitioners. In January, 1965 the Commissioner put up a proposal to the Corporation regarding acquisition of property bearing No. 3771- 3779, at Charkhewalan, Delhi for the purposes of a school, informing the Corporation that the Deputy Housing Commissioner, Delhi Administration had informed him that property Nos. 3563-64 in Kucha Da Ram was being acquired for the Directorate of Education of Delhi f setting up a Government School for Girls and that property Nos. 377 3779/VI at Charkhewalan was only 150 sq. yds. in extent and was not enough for the School. He, therefore, requested to the Corporation. to sanction the acquisition of property bearing No. 3780 also. The Standing Committee approved this proposal by means of its Resolution No. 1264 dated 16-2-1965 and also by the Municipal Corporation by its Resolution No. 509 on 22-3-1965.

(3.) In July, 1966 the Special Zonal Committee, City North, by its Resolution No. 26 recommended the relinquishment from acquisition of property No. 3563/VI in Kucha Daya Ram on the ground that it was a small double storeyed building in the occupation of old reside of the locality. This was out to the Corporation by the Commissioner and was approved by the Standing Committee in December. 1966. June, 1966, a notification under section 4 of the Land Acquisition Act was issued in respect of properties No. 3777 to 3779/VI, Charkhewalan, Delhi, showing the area of the same as 663 sq yeards. The petitioners field objections under section 5A of the Land Acquisition Act staling, inter alia, that the area was only 150 sq. yards and not 663 sq. yards, the acquisition was in violation of the provisions of section 198 and 199 of the Delhi Municipal Codporation Act and that the entire proposal to acquire the petitioners' property was due to ill-will of the Ward Councillor. Certain owners of property in that area had offered about 2,000 sq. yards for locating the School.