DHAN RAJ BAGARIA Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) Petitioners have challenged the notification under Section 4 read with Section 17(1) of the Land Acquisition Act (in short the Act) issued by Delhi Administration, dated 6th March, 1987, published in the Indian Express on 8th March, 1987. Declaration was smade on 10th March. 1987 under Section 6 of the Act. The challenge to the said notification is primarily based on three grounds namely (0 lack of urgency; (ii) fraud on the powers of appropriate Government and lastly (iii) that the acquisition of the property by the respondent for official use is contrary to the approved use of the property i.e. residential.

(2.) Facts are brief and not in dispute. The property in Question was originally owned and belonged to a partnership firm M/s Partabmull Rameshwar. The firm purchased this property in the name of one of its partners. Shri Rang Lal Bagaria vide sale deed dated 23rd July, 1963. The property tell to the share of petitioner .No. 1, Shri Dhan Raj Bagaria and of Shri Deowki Nandan Bagaria, predecessor ol: petitioner No. 3. Presently this property is jointlu owned by the petitioners. This bunglow No.3 TilakMarg, New Delhi, alongwith open land is situated on a plot No. 2, Block No. 169. measuring 2.1 acres. This bungalow was requisitioned by the Government in the year 1943 under the Defence of India Rules vide order dated 8th July, 1943. However, subsequently it was derequisitioned vide order dated 19th January, 1966. The Collector of Delhi issued on 20th July, 1969 show cause notice as to why the property be not requisitioned under sub-section (1) of Section 3 of the Requisition and Acquisition of Immoveable Property Act, 1952 Petitioners filed objections against the said show cause notice but the same was dismissed. Appeal preferred against the same was acccpted vide Older dated 8th December. 1969 and the notice was cancelled. A fresh show cause notice under Sub-section (1) of Section 3 of the said Act was issued indicating to acquire the property for a public purpose namely "housing offices" of the Delhi Administration. Objections and the subsequently appeal filed against the same were dismissed. Consequently possession of the property was taken over on 23rd September, 1972 and thereafter handed over to the Directorate or Transport, Delhi Administration. Delhi. The said Department in turn has been running the office of its Licencing Officer in the propety in question.

(3.) That the Delhi Administration vide the impugned notincation dated 6th March. 1987. invoked the urgency provisions. The purpose for acquisition mentioned in the notification is "housing Government offices". Said notification further stated that the provision of Section 5A of the Act would not apply in view of urgency provision under Section 17(1) of the Act.