AMAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Amongst many buildings of historical and archeological interest adorning the sky line of Delhi is one known as Qutab Minar. Succumbing only partially to the vagaries of time, it stands proudly in a once sleepy hamlet of Delhi called Mehrauli. It now overseas colossal developmental activity around it. A little ahead of the complex now developed as a tourist spot around this Minar but under its lengthening shadows lies a piece of land bearing Khasra Nos. 1905/1811/1492 (less then one biswa), 1906/1811/1493 (10-11) and 1909/1812/1497 (7-19) total measuring 18 bighas 10 biswas. This piece of land is at the centre-storm of this legal battle. The cause is provided by the proceedings to acquire it under the provisions of the Land Acquisition Act (hereinafter called the Act). Following is a brief resume' of the facts.

(2.) Sometime in the year 1916 the father of the petitioners purchased the land in question and later constructed thereon a Dharamshala. a: Piao, three residential buildings and two water tanks. Part of the land was developed into a garden. He died in the year 1942 consequent upon which the land was mutated in the name of the petitioner. On November 13, 1959 the said land was notified for acquisition for a public purpose namely Planned Development of Delhi through notification under section 4 of the Act. It was followed on December 7, 19 66 by a notification issued under section 6. On March 25, 1983 was announced the Award. The present writ petition was filed in October 1982.

(3.) The challenge is on the following grounds: