DELHI ELECTRICITY SUPPLY UNDERTAKING Vs. BHIMANANDAS AMBWANI

JUDGEMENT

(1.) An important question of law as regards interpretation of different provisions of the Land Acquisition Act, 1894 ( hereinafter referred to the Appeal, which arises out of a judgment and order dated 26.11.1982 passed by a learned Single Judge (Hon'ble S. Ranganathan, J., as he then was) of this Court.

(2.) A land measuring 3 bighas 3 biswas comprised in khasra No. 307 in Village Kilokari was the subject matter of the writ petition. The writ petitioner, i.e., respondent No. 1 herein purchased the said land on 03.03.1962. The sale deed was registered on 06.06.1962. He got the said land mutated in his name on 17.08.1964. Prior thereto a notification dated 05.03.1963 was issued purported to be in terms of Section 4 of the said Act in relation to the land admeasuring 139 bighas and 2 biswas situated in the said village stating that the land was likely to be required to be taken by the Government on a public expense for a public purpose, namely, planned development of Delhi. The land included in the notification are field Nos. 264, 266 (part), 290, 296, 297, 303/2, 306, 307, 1128/328/3, 246, 284, 293, 440, 441, 736,738,739,743,744,745,746,747/3 and 747/4.

(3.) A declaration under Section 6 of the said Act was also made on 22.08.1963. The said declaration also covered the area of 139 bighas and 2 biswas. There exist some discrepancies as regards some field nos. and the area in the notification under Section 4 and declaration under Section 6 of the said Act.