SURESH PAHWA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the petitions which I propose to dispose of by this order, revolve around the notifications issued undersection 4 read with section 17(1) and section 6 of the Land Acquisition Act(hereinaftercalled the Act) and raise interesting questions of law. However, first a brief resume' of the facts.

(2.) The land in question, which is only around 8 bighas in all, falls within the Revenue Estate of village Bamnauli,Tehsil Mehrauli. On January 9, 1987 the Delhi Administration issued a notification undersection 4(1) read with section 17(1)& (4) of the Act for a public purpose namely" construction of a 400k.v. power sub-station for the Delhi Electric Supply Undertaking". It claimed that the Lt. Governor was of the opinion that the provisions of sub-section (1) of section 17 of the Act were applicable to the 451 bighas of land likely to be acquired and directed, undersubsection (4) of section 17, that the provisions of sec- tion 5A shall not apply. Consequent thereupon a declaration under section 6 of the Act dated January 12, 1987 was issued for the same purpose. This was followed by yet another declaration dated September 18, 1987 made again under section 6 of the Act. Admittedly, upon the acquisition of the land a power sub-station has already been constructed by the Delhi Electric Supply Undertaking but the same has not so far been energised and made operational as for that a control room is required which is proposed to beconstructed on the land underchallenge and which is still lying vacant. It was argued that since the project was admittedly initiated as far back as in the year 1984 and the Departments concemed had all along gone through the proposal at a snails pace, there was no justification for invoking sub sections (1) and (4) of section 17 of the Act. Support to the contention was sought to be drawn from two judgments, one from the Supreme Court and the other coming from this Court. However, before I deal with the contention raised, let me mention how the proposal for the setting up of the powersub-station fructified into its final shape.

(3.) It appears from the record that in June 1984 the Secretary Land and Building, Delhi Administration was informed that the Delhi Electric Supply Undertaking proposed to establish four 400 k.v. sub stations and that each such sub station needed land measuring 1000 x 750 meters and that the Vice Chairman of the Delhi Development Authority had already approved the requirement. The communica- tion So addressed to the Secretary, Land and Building also mentioned that site inspection had also been carried out. Request was consequently made for suitable instructions to the concerned department for early notification for acquisition ol the land. lt appears that later on the Delhi Electric Supply Undertaking revised its requirement of land and also located yet another site for setting up the power substation. This was approved by the Delhi Development Authority by Resolution ol June 30, 1986. Intimation of the Resolution was conveyed to the Delhi Electric Supply Undertaking by letter dated August 14, 1986. It appears that in the meanwhile the Delhi Development Authority had also issued the " No Objection" certificate regarding land use of the land intended to be acquired. This done, the Delhi. Electric Supply Undertaking approached the Land Acquisition Collector for processing the case for notification "at the earliest". It was by letter dated November 20, 1986 that the Additional 'District Magistrate-cum-Director (Panchayats) gave the information that the land in question had not been allotted to the Harijans/ landless labourers under 20 Points Programme. This was followed by the notification of January 9, 1987.