ANANG PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition for a writ of certiorari, the petitioner assails the validity of a preliminary notification dated 12.08.1997 issued under section 4 of the Land Acquisition Act and a declaration dated 10.09.1997 issued under section 6 thereof. A mandamus directing the respondents not to interfere with the actual physical possession of the petitioners over the land in dispute or to demolish the structures existing on the same has also been prayed for. The factual backdrop in which the petition has been filed may be summarised as under:

(2.) IN terms of a notice issued by the Indian Oil Corporation in December, 1994, applications for appointment as a dealer of a company owned retail outlet at Ghewra Morh in West Delhi were invited from eligible persons. On the basis of recommendations of the Oil Selection Board, the retail outlet dealership in question was offered to petitioner No. 1. The letter issued by the Corporation in this regard proposed to develop, for the said petitioner, a retail outlet at Ghewra Morh and provide the same to him with certain facilities such as a suitable plot of land duly developed as an outlet with an office building, storage tank and pump etc. The Corporation appears to have, in that direction, approached the Delhi Development Authority for allotment of a plot in its favour in the above area which request did not fructify as no such allotment came through. According to the petitioners, the Corporation advised them to procure a private piece of land to enable the Corporation to develop the proposed retail outlet in pursuance whereof petitioners Nos. 2 and 3 who happen to be the family members of petitioner No. 1 purchased a piece of land measuring 4 bighas and 11 -1/2 biswas in khasra Nos. 79/21/1 and 85/1/1 situate in the revenue estate of Village Ghewra, Delhi. While the land so purchased had yet to be developed into a retail outlet, respondent No. 2 issued a notification dated 12.08.1997 under Section 4 read with Section 17(1) and sub -section 4 of the Land Acquisition Act notifying for acquisition the lands mentioned therein including the land purchased by the petitioners. The proposed acquisition was said to be for the purpose of setting up a Sports School near Ghewra Morh as apart of "Planned Development of Delhi".

(3.) THE petition has been contested by the respondents on several grounds including the ground that the possession of the land in question having already been taken over pursuant to the award made by the Collector, no challenge to the acquisition proceedings was maintainable. According to the respondents, the land stood vested in the State absolutely w.e.f. 13.11.1997 when its possession was taken over by the Collector. The writ petition was, in that view, liable to be dismissed on the ground of unexplained delay and laches.