JEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners seek quashing of the notification issued under Section 4 of the Land Acquisition Act which is dated 30.10.1963 as also a declaration made under Section dated 16.1.1969 as well as all subsequent proceedings in respect of the petitioner's lands referred in the writ petition. There are quite a large number of lands, if khasra Numbers is an indication. According to the petitioners they are still in possession of the lands and are residing therein. Admittedly, the lands were notified for acquisition for the development of Narela Township. The petitioners nowhere plead ignorance of the proceedings. According to the petitioners the preliminary notification under section 4 was issued on 30.6.1963 and a declaration under Section 6 was made on 16.06.1969. However, award came to be made only on 22.09.1986. Petitioners further asserted that inspite of the award they continued to be in possession. They question the validity of the acquisition proceedings in view of the delay involved. There has been a delay of 23 years between the date of Section 6 declaration and the award made in the year 1986. They also contend that the purpose of the acquisition has been lost and the lands in question are not required for the development because the period fixed for the Master Plan for Narela is over since long.

(2.) The first respondent, DDA on the other hand contends that the possession was taken immediately after the passing of the award and the lands are being used for the developmental purposes. The vast development that has taken place in the locality is explained in the counter affidavit filed on behalf of the DDA. This is referred as reply on behalf of the DDA to the application under Order 39 Rule 1 (in C.M.No. 1335/90).

(3.) I am of the view that the statement of the first respondent in this regard shall have to be accepted and that the developmental scheme is being implemented as stated in the said affidavit. There are several co-owners who have filed an application under Order 1 Rule 10 Civil Procedure Code who oppose the prayer made in the writ petition. However, the fact remains that the title of the petitioners as co-owners has been recognised by the Civil Court in the apportionment proceedings under the provisions of the Land Acquisition Act. Therefore, the locus standi of the petitioners to question the proceedings cannot be questioned.