K K MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) .These writ petitions are destined to dismissal not only because the petitioners, as purchasers subsequent to the notifications, do not have the locus standi to challenge the same but also because the challenge to the validity of the acquisition proceedings comes 25 years after the issue of the preliminary notification. The facts are few and may be summarised as under:

(2.) . A large extent of land situate in different villlages in South Delhi including that in village Sahurpur was notified for acquisition for the public purpose of Planned Development of Delhi as early as in November, 1980. A Declaration under Section 6 followed on 7th June, 1985 and an award in May, 1987. Four years thereafter, the land in question was sold by the owners concerned in favour of the petitioners herein in terms of different instruments all executed on 27th February, 1991. The petitioners claim to have applied for grant of building permission to the Municipal Corporation of Delhi for raising construction on their respective portions of land. There is, however, no clear assertion in the writ petitions whether any construction was raised by the petitioners or anyone of them, pursuant to the sanctions allegedly issued in their favour by the municipal authorities. There is no evidence even to show that any such construction has, in fact, come up in the land purchased by the petitioners. The petitioners have, all the same, prayed for a declaration that the lands purchased by them are free from and outside the scope of acquisition proceedings initiated, in terms of the preliminary notification dated 25th November, 1980, declaration under Section 6 of the Act dated 7th June, 1985 and the award made pursuant thereto. A mandamus, directing the respondents not to interfere in the peaceful possession of the petitioner over the lands in question has also been prayed for.

(3.) We have heard, Mr.Vashisht, learned counsel for the petitioner at some length and perused the record.