CHANDU Vs. LT. GOVERNOR OF DELHI

JUDGEMENT

(1.) PETITIONER has filed this petition seeking direction to quash the notification, Annexure -B to the petition which was issued on 31.12.1981, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act for short) and to restrain the respondent from taking further acquisition proceedings, and, to declare that the action of the respondent is in violation of the fundamental rights and constitutional rights guaranteed to the petitioner under the Constitution of India. In the petition, it is averred in para 1 that the questions which have been raised in the petition are identical with the one raised in CWP 1203/82 titled as Budh Vihar Welfare Society and others v UOI and others. It is specifically averred that the petition was admitted and rule was issued in 1982. It is also averred that on 26.5.1982 the Division Bench protected the petitioner of that petition. In para 2 of the petition, it is also pointed out that in three other petitions Rule came to be issued. The Court issued show cause notice returnable on 28.5.85 as to why the petition be not admitted limited to the question whether notification under Section 4 of the Act dated 31.12.1981, filed as Annexure -B with the writ petition, was duly published or not ? On 23rd August, 2002, while hearing the matter, the Division Bench referred to the earlier order, which we have referred to above, and issued notice to the Collector, Land Acquisition (District North) D.C. Office Kanjhwala, to produce the relevant record. Thereafter the Collector remained present with the relevant record on 19.9.2002.

(2.) THE land in question is situated within the revenue estate of village Rithala for which notification under Section 4 of the Act was issued. Sub -Section (1) of Section 4 of the said Act reads as under:

(3.) THE petitioner has come out with the case that there was no specific scheme or utilization of the land which has been notified for acquisition. Therefore, he was unable to file any specified objections in relation to the same. In para 21 of the petition, he has averred that notification for "planned development of Delhi" has to be in accordance with the approved plan for planned development of Delhi i.e. as per the Master Plan and Zonal Development Plan prepared under the provisions of Delhi Development Act, 1957. Petitioner has further contended that the notification does not give the details of the properties as to which properties are to be acquired and therefore, the notification is required to be quashed.