PREM SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) .The impugned declaration under Section 6 of the Land Acquisition Act was issued more than 32 years before the filing of these petitions. That kind of delay is manifestly inordinate. The only question is whether the petitioners have offered any explanation, and if so, whether the same is acceptable to the Court to prevent dismissal of the petitions on the ground of laches.

(2.) A large extent of land measuring 516 bighas situate in 7 different villages including Ziauddinpur was notified for acquisition in terms of a preliminary notification issued under Section 4 of the act as early as on 6th March, 1965. The acquisition was meant for the public purpose of planned development of Delhi. Seven different declarations one each for each one of the villages was issued by the competent authority under Section 6 of the Act including a declaration dated 7th January, 1969 in relation to the lands under acquisition from Ziauddinpur. An award was eventually made by the Collector, Land Acquisition, a decade later on 9th July, 1980. According to the respondents, possession of a part of the land covered by the above notifications, was also taken over from the owners.

(3.) Aggrieved by the acquisition proceedings, Shri M.L. Malhotra, predecessor-in-interest of petitioners in WP(C) No. 5661/01, filed Suit No. 236/80 (renumbered as 456/1987) for declaration that the said proceedings are illegal and for a direction restraining the defendants from dispossessing him from the suit property. Shri Prem Sagar, petitioner in WP(C) No. 848/02 also filed a similar suit for a similar relief being Suit No. 59/84 and so did late Shri Babu Ram and four others who claimed to be the general attorneys of owners of land in Khasra No. 117/2 of village Ziauddinpur in Suit No. 60/84. The plaintiffs in all these suits secured orders of injunction against the defendants which remained in force till the suits were eventually dismissed on 9.8.2001 by the civil court in terms of Order VII Rule 11 of the CPC on the ground that the same were not maintainable. In coming to that conclusion, the Court placed reliance upon the judgment of the Supreme Court in State of Bihar Vs. Dhirendra Kumar & Ors., (1995) 4 SCC 229.