BALLABH MARBLES Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue involved in both the writ petitions is common. Challenge in these two writ petitions is to the same Notification dated 5th April, 1999 issued under Section 4 read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The grounds for challenge are also the same. It is for this reason that both the writ petitions were heard together and are disposed of by this common judgment. For the sake of convenience, facts from W.P. (C) No. 4933/1999 are taken note of.

(2.) It is the case of the petitioners that they purchased plots of land in Rajouri Garden Colony from DLF Housing Construction somewhere between 1955-58. DLF had purchased this land in village Basai Darapur, Delhi and Rajouri Garden Colony was carved out by the said company. Layout plan of the colony was sanctioned and approved by the then Delhi Development Provisional Authority in the year 1954-55.

(3.) In the year 1957, the Delhi Development Act came to be enacted. Under this Act, the Delhi Development Authority was constituted with the object to secure and make development of Delhi in accordance with the Master Plan of Delhi. The First Master Plan of Delhi-1961 was enforced with effect from 1st September, 1962. Land use of the property in question was declared as commercial-cum-residential by the Town Planner, Municipal Corporation of Delhi some time in March, 1985. It is for this reason that in this area the occupants of the various plots are not only residing on the houses constructed thereon, but are even carrying on their business activity. The trading in marbles is most common.