CHHOTE Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions can he disposed of by a common judgment as similar questions arise in both the petitions.

(2.) C.W.P. 279/91 was filed on 21 January 1991. There are three petitioners and five respondents. Petitioners claim to be the owners of khasra No. 448 in Village Gazipur, Delhi. Relying on an earlier decision of this Court in Smt. Gabbe Vs. Union of India, 1991 R.L.R. 306, the petitioners seek an appropriate writ or direction declaring notification issued under sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') relating to their land as hull and void and of no legal consequence and they also seek a further declaration that the entire acquisition proceedings in relation to their land is illegal and, therefore, the respondents not entitled to take possession of that land. consequential reliefs are also prayed. On tiling of this petition <PG>575</PG> show cause notice was issued to the respondents as to why rule nisi be not issued and at the same time it was directed that the petitioners will not be dispossessed from the land in question.

(3.) Writ petition 1551/91 was filed on 7 May 1991 and since the notifications issued under the Act and sought to be challenged were the same as in the case of the first writ petition, there also notice to show cause was issued and similar interim order made. There are two petitioners. Both are brothers and again five respondents. Petitioner claim to be the owners of land bearing khasra No. 366/2 in village Gazipur, Delhi.