INDER SINGH SOLANKI Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) Vide Notification No.F10(9)/2003/L&B/LA 23873 dated 20th January, 2004 issued under Sections 4, 17(1) and 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') notified the compulsory acquisition of land described as Khasra Nos.64/5/1(0-10), 65/1/1/1 (0-05), 1/2/1(0-1), 2/1/1(0-3), 2/2/1(0-2), 3/1/1 (less than one biswa), 3/2/1 (0-1), 10/1/1(0-3), 10/2/1(0-7), 12/1(0-10), 13/1(0-3), 68/11/11 (0-6), 11/2/1(0-3), 18/1(0-9), 19/1/1(0-7), 19/3/1 (0-3), 23/1(0-1), 24/1(0-10), 25/1(0-5), 25/2(0-3), 69/8/1/1(0-5), 8/2/1(0-3), 8/3/1(0-1), 7/1(0-8), 15/1(0-9), 166/1(0-2) measuring 6 bighas, in the revenue estate of village Palan, New Delhi whereby built up properties of the petitioners are sought to be compulsorily acquired at public expense for construction of approach road (probably fly over) connected Dwarka with NH-8 through Delhi Cantonment Area, under Land Development of Delhi.

(2.) It may be stated at the outset that the petitioners are not challenging the aforesaid acquisition proceedings. Rather, showing apogeal fairness, their candid statement in para 3 of the writ petition reads that they have no ground to successfully challenge the said compulsory acquisition of their land for the stated public purpose as the means of communication have to be developed. However, the cause of action for filing the writ petitions is that there are certain grievances of the petitioners which are enumerated as under:

(3.) It is the case of the petitioners that they are small shop keepers/traders in the market of Raj Nagar and Shad Nagar, Palam Colony, New Delhi. They had, about 50 years ago, purchased small plots of land from the previous land owners on which they raised constructions and since then they are in peaceful possession, use and enjoyment of the built up commercial-cum-residential properties. In course of time the area called Raj Nagar and Shad Nagar in Palam Colony have to be a market place. They all belong to lower middle class. Therefore, they have no objection if the land specified in Notification dated 20th January, 2004 is acquired. However, what these petitioners want is that before taking possession of the subject land, the same should be properly demarcated so that the petitioners are in a position to know as to which particular part of the land and property, under their possession, is sought to be taken away by the respondents. It is also stated that while taking possession of the acquired land, there would be a situation where part of the properties belonging to the petitioners will have to be demolished. Which part would be demolished and which part they would be able to retain with them in respect of which there is no acquisition, should be known to the petitioners before hand and it is for this reason they are demanding demarcation of the land before possession is taken.