LAWS(DLH)-2015-4-161

REGISTRAR, UNIVERSITY OF DELHI Vs. UNION OF INDIA

Decided On April 27, 2015
Registrar, University Of Delhi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) VIDE the present petition, the petitioner University prayed, inter alia, as under: -

(2.) FACTS of the case, in brief, are that in March, 2000 Delhi Metro Rail Corporation Ltd.( hereinafter referred to as DMRC) wanted to acquire land for its Metro Station, i.e., Vishwavidyalaya Metro Station falling under Zone -C of MPD 2021 and for the said purpose identified various bungalows for acquisition. On 02.05.2000 Ministry of Urban Development granted it's no objection for the acquisition of the bungalows. The land use of the proposed land to be acquired was changed from "residential" to "public purpose". Accordingly, notification under section 4(1) of the Land Acquisition Act, 1984 was issued on 15.12.2000. A declaration was made under section 6 of the Land Acquisition Act, 1984 on 14.02.2001. Consequently, the Land Acquisition Collector passed an award on 11.09.2001 and land measuring 3.05 Hectares situated in Zone -C (Civil Lines Zone) at Mall Road was duly handed over and mutated in the revenue records in favour of the respondent No.10 DMRC.

(3.) THEREAFTER , on 21/23.07.2003 Ministry of Urban Development and Poverty Alleviation granted approval to permit the respondent No.10 / DMRC to generate resources through property development within the period of 6 to 20 years. Respondent No.3, Delhi Development Authority (hereinafter referred to as DDA) issued a notification No.500(E) on 16.04.2004 in accordance with the provisions of section 44 of the Delhi Development Act, 1946 (hereinafter referred to as DD Act) inviting objections/suggestions on the modification proposed by the Central Government with a view to modify MPD 2021. On 20.01.2005 land use provisions of Master Plan Zonal Development Metro Stations along with Property Development with Control Norms was notified by virtue of a Gazette notification. On 23.09.2005, Government of India notified change in land use from "public and semi -public" to "residential".