DEEPAK BHARDWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Petition No. 4361/1998 entitled 'Deepak Bhardwaj & Ors. v. Union of India & Ors.', was heard by a Division Bench of this Court and was allowed vide judgment dated 24th July, 2001. In the said writ petition, the petitioners have challenged a Notification No. F. 7(7)/97/L&B/LA/4252 dated 24th June, 1998 issued under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 (for short 'the Act'). By the impugned Notification large tracts of land, including the land of the said petitioners falling in village Samalkha within the National Capital Territory of Delhi were being compulsorily acquired. Urgency provision contained in Section 17 of the Act was invoked and provisions of Section 5 A of the Act were dispensed with. By a detailed judgment, the Division Bench held that there was non- application of mind on the part of the respondents to show urgency warranting invoking urgency provision and dispensing with the provisions of Section 5A of the Act. It was accordingly held that invoking of Section 17(1) and (4) of the Act and dispensing with provision of Section 5A of the Act was clearly violative of authority of law and could not be sustained. The Division Bench quashed the impugned Notification in its entirety, on the aforesaid ground.

(2.) Following the aforesaid judgment, other writ petitions were also allowed.

(3.) The respondents filed special leave petitions against the said judgment. The special leave petitions were granted and were assigned Civil Appeal Nos. 8104-8126/2002. These appeals were ultimately heard and disposed of by a common judgment dated 30 July, 2003. In the said judgment, the Supreme Court upheld the decision of this Court insofar as it held that invocation of urgency provision under Sections 17(1) and 17(4) of the Act was not proper, observing as under: "The reasons recorded by the High Court for quashing the notification issued under Sections 17(1) and (4) cannot be faulted with. This does not require further discussion in view of the correspondence produced on record. This aspect has been properly dealt with by the High Court and it has become final."