ANUP KUMAR KAMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, the petitioners, owners and in possession of the property situated in Model Basti Village Sidipura are aggrieved by the refusal and inaction of the respondents in making any orders towards release and de- notification of their lands (hereafter "suit lands"). The suit lands were notified for acquisition under the provisions of the Land Acquisition Act, 1894 ("the Act").

(2.) THE petitioners contend that they are in occupation of the suit lands, and that their properties exist since 1935. The Petitioners claim to have been living there since. By Notification dated 20.04.2010, the Government sought to acquire the suit land for construction of Grade Separator at Rani Jhansi Road, Delhi. Aggrieved by the notification, the Petitioners had sought to file a revised proposal to save their residential houses. The Petitioners' challenge to the acquisition, through WP (C) No. 4663/2010 under Article 226 of the Constitution was unsuccessful; this Court on 23.11.2010 recorded that the petition was not pressed. The writ petition was permitted to be withdrawn; however the order recorded that the petitioners could move an application seeking de-notification under Section 48 of the Act.

(3.) THE petitioners impugn the decision dated 22.02.2012. It is argued that the minutes of the meeting of the De-notification Committee discloses non-application of mind and is opposed to principles of natural justice. It is argued that the committee did not take into consideration the material submitted by the Petitioners; and in a mala-fide manner failed to communicate the decision as had been categorically directed by the Court. It is submitted that the alternative proposal mooted by the petitioners is viable, and would not in any manner sacrifice the safety or feasibility of the project. It is argued that instead of continuing with the retaining wall till the point proposed, if the wall is shortened by some length, there would be no compromise as regards any element of the project; besides the petitioners' houses would be saved.