UNION OF INDIA Vs. NAND KISHORE

JUDGEMENT

(1.) In this letters patent appeal an application was made to us on 21st January, 1982 for an early hearing of the appeal. It was stated that the land in question is required for widening the road in connection with the Asiads' 82 and was immediately needed for a public purpose. We agreed to hear the appeal, as we generally do in such cases. We have now heard counsel for the parties. We give our decision immediately.

(2.) The short question in this appeal is whether the Government can change the purpose of acquisition of the land and acquire it for a purpose other than that declared by it under section 6(2) of the Land Acquisition Act, 1894 (the Act).

(3.) These are the facts. On 4th May, 1960 the appellant, Union of India, issued a notification under sections 4, 6 and 17 of the Act in respect of a plot of land measuring 12 bighas 2 biswas in Khasra No. 68 situated in village Kilokari. The notification stated that the land was required for a public purpose, namely, the construction of a fire station pursuant to the request made by the Municipal Corporation of Delhi under section 199 of the Delhi Municipal Corporation Act, 1957. By this notification the provision of sub-section I of section 17 was invoked and it was declared that the provision of section 5A shall not apply.