UNION OF INDIA Vs. JASWANT RAI

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned Single Judge of this Court, dated November 5, 1976. It was dismissed by us by a short order dated February 1, 1984. Now we proceed to give our reasons for that order.

(2.) Sunlight Insurance Co., Ltd., now represented by Life Insurance Corporation of India, purchased a piece of land measuring about 78,500 sq. yards abutting on the Ring Road and situate in the revenue estate of Mohd. Pur Munirka village, Tehsil and District Delhi. The said Company, it is stated, developed the said land and demarcated the same into plots of various sizes. To encourage the sale of plots, it is stated to have constructed three houses which were purchased by respondents on, hire-purchase basis.

(3.) On 6.11.58 a notification u/s 4 of the Land Acquisition Act, 1894, ('the Act') was issued stating that the land mentioned therein was likely to be required to be taken by the Govt. at the 'Public expense for a public purpose, namely, for 'Housing Scheme'. It was followed by a notification u/s 6 of the Act dt. 7.1.69. It was declared in the said notification that the land mentioned therein was required to be taken by the Govt. at the public expense for a public purpose, namely, for the housing scheme- The land covering the three houses purchased by the respondents was admittedly covered by these notifications. :