DAUKLAT RAM PUBLIC TRUST Vs. COLLECTOR DELHI

JUDGEMENT

(1.) By this petition the petitioner, Daulat Ram Public Charitable Trust (Trust) challenges the requisitioning order dated 17-11-1970 passed by the competent authority under the Requisitioning and Acquisition of Immovable Property Act. 1952 (the Act).

(2.) These are the facts : Building No. 849 situated at Joshi Road, Karol Bagh, New Delhi is owned by the Trust. On March II, 1970 the Collector issued a notice under Section 3(1) of the Act to the Trust requiring it to show- cause why property be not requisitioned for a public purpose, namely, for housing hospial of the Delhi Administration. The notice was withdrawn.

(3.) A similar notice was again issued on 18th September, 1970 intimating that the property is needed for a public purpose, namely, for housing a hospital of Delhi Administration. The Trust filed objections to the showcause notice. The abjections were dismissed. The competent authority on 17-11-70 ordered the Trust to surrender or deliver possession to the Tehsildar. An appeal was filed from the order of the competent authority under Section 10 of the Act. Stay of dispossession was asked for. The appellate authority refused to grant stay. Thereupon the present writ petition was filed on 18-12-1970.