RADHASOAMI SATSANG BEAS Vs. UNION OF INDIA

JUDGEMENT

(1.) On 8th May, 2002 the petitioner filed the present petition praying that the notification number F.10 (30) 96/L7B/LA/13417 dated 13th December, 2000 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and notification /declaration dated 7th December, 2001 under Section 6 of the Act in respect of khasra numbers 5/21, 6/24, 6/25, 6/26, 11/4, 11/5, 12/1 and 12/2 measuring 21 bighas 08 biswas situated in the revenue estate of village Pochan Pur, Tehsil Mehrauli, Delhi, were issued in abuse and excess of authority and also were violative of the rights of the petitioners under Article 14, 26, 300A of the Constitution of India. The ground taken for impugning the said notifications is that notifications are illegal, mala fide and unconstitutional. Further, the petitioners pray that the entire acquisition proceedings be set aside in relation to the land which is stated to be in possession of the petitioners.

(2.) Large chunks of lands in different villages were acquired by the notification under Section 4 of the Act for a public purpose, namely for Planned Development of Dwarka, Phase-II, Delhi under the Planned Development of Delhi. The land of the petitioner in the revenue estate of village Pochan Pur was also part of the same notification. The petitioners had filed detailed objections to the notifications under Section 5A of the Act, which was considered by the authorities and declaration under Section 6 was issued by the competent authority with a direction to the Land Acquisition Collector under Section 7 of the Act, Delhi, to take orders for acquisition of the land in accordance with law. On 21st April, 2002 notification under Section 17(1) of the Act was issued and the petitioners made representation to the respondents for denotification of the land on 14th April, 2002. The reliance by the petitioners was also placed on the policy guidelines for the denotification for land, stated to have been issued by the Secretary, Revenue (Land) on 2nd December, 1998 for this purpose. Copy of this representation is annexed to the writ petition as Annexure E. In terms of the notification dated 21st March, 2002, regarding the lands covered under the notification issued under Section 4 of the Act, the authorities were directed to take possession of those lands in terms of provisions of Section 17(1) of the Act for an emergent purpose i.e. 'Planned Development of Dwarka Complex'. As the petitioners were expecting serious threat of dispossession they filed this petition questioning the legality, correctness and proprietary of the two notifications afore-referred.

(3.) When the writ petition came up for hearing before the Division Bench of this Court on 27th May, 2002, the Bench passed the following order:- Mr. Sanjay Jain appearing for the UOI, Ministry of Urban Development & Poverty Alleviation (Delhi Division) says that the Lt. Governor has rejected the question of denotification of the land in question. The rejection has been primarily on the grounds that land affects the road alignment and connectivity between Dwarka Phase I and II; land is acquired for public purpose and for construction of flats since 1979. Copy of the letter produced by Mr. Sanjay Jain, Standing Counsel for UOI is taken on reocrd. List the matter on 7th August, 2002.