AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgement dated 10 October 1978 of a learned Single Judge of this Court whereby the dismissed the writ petition of the appellant. In the writ petition the appellant had prayed for quashing of notifications issued under Sections 4 and 6 of the Land Acquistion Act, 1894 (for short 'the Act') as well as for quashing the award dated 27 July 1973 made under Section II of the Act. The learned Single Judge dismissed the writ petition principally on the ground that Section 48 of the Act provided the only way by which the Government could withdraw from acquisition of any land.

(2.) Fact are in brief. The appellant purchased a plot of land measuring about 1200 square yards in Village Taimur Nagar by a sale deed dated 13 February 1958. The land bears khasra No. 809/1/1. A notification under Section 4 of the Act was issued by Delhi Administration on 13 November 1959 respecting land measuring 34070 acres all over Delhi. This included the land of the petitioner as well. Then a declaration under Section 6 of the Act was issued on I January 1969. The notification and the declaration had been issued by the Land and Building Department of the Delhi Administration. As noted above, the award was made on 27 July 1973. It is mentioned in the award that the appellant did appear and sought adjournment and then the appellant filed an application staling that the land be released from acquisition. He, however, did not file any claim for compensation.

(3.) In the meanwhile, the appellant had approached the authorities for permission to build on the land in question. Various correspondence has been brought on record. 1 In one letter dated 26 November 1966 the Delhi Development Authority informed the Municipal Corporation of Delhi that the land in question had been adjusted in the modified redevlopment plan of the village and that the building plan in respect of the subject land might, therefore, be examined in accordance with the redevelopment plan of the village. Then there is a letter dated 7 June 1967 from the Secretary (Land & Building), Delhi Administration, to the appellant slating that the approval of the Government of India to the execution of the village redevelopment scheme was awaited and as soon as the approval was received, further action in the matter would be taken. On 16 November 1968 Secretary (Land & Building) Delhi Administration, wrote a letter to the Delhi Development Authority which is as under: