BRAHMAKUMARI PRAKASH MANI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent against the judgment of the learned Single Judge of this Court, dated April 23, 1970, dismissing the writ petition filed on behalf of the appellants for quashing the Notification, dated 23rd November, 1965, published in Delhi Gazette, dated 2nd December, 1965, issued under Section 6 of the Land Acquisition Act,1894, (hereinafter referred to as the Act).

(2.) It was urged in the writ petition, which was filed under Article 226 of the Constitution that Brahma Kumari Ishwariya Vishwa Vidhyalaya (petitioner No. 2) is a religious institution commanding a very large following and having its principal office at Mt. Abu and its centres all over the country including 12 centres in Delhi, where religious instructions are imparted. It is alleged that in Delhi there is a centre at Kamlanagar and also at Rajouri Garden, besides others which are regularly visited by a large number of persons. Petitioner No. 1, Brahma Kumari Prakash Mani is alleged to be the administrative head of the institution. It was also alleged that petitioners I and 2 are the owners in possession of the plot of land measuring about 2 bighas II biswas bearing khasra No. 94 mill and 97 min in khewat No. 317 in Khatauni Nos. 920, 919 and 924 situated in village Naraina, Ring Road, near Rajouri Garden, New Delhi. In the said piece of land, a Shiv Ling has been installed and is being regularly worshipped. Besides there is a boundary wall all around and there is a proposal to construct a Meditation Hall, spiritual study roads and library besides accommodation for other activities such as spiritual exhibition, religious gatherings etc. of the institution. It is further averred in the petition that on or about 13th November, 1959, the Delhi Administration issued a Notification under section 4 of the Act and clause 2(d) of the said Notification excepted from acquisition the lands under graveyards, tombs, shrines and the lands attached to religious institutions and wakf properties. Thereafter, the respondents issued a Notification under section 6 of the Act, dated 16th August, 1962, including the land of the petitioners. It is further averred that the institution made representations to the Housing Commissioner of the Delhi Administration and eventually on or about the 27th of July, 1963, Shri Jagmohan, Deputy Housing Commissioner, Delhi Administration, acting for the Chief Commissioner amended the aforesaid Notifications under Seclions 4 and 6 of the Act and deleted the land of the petitioners and thereby notified the release of the land in dispute from acquisition, vide copy of the said notification dated 27-7-1963 attached as Annexure B to the petition.

(3.) It was further averred in the writ petition that on 5th August, 1963, the Delhi Administration issued another letter (Annexure C to the petition) to the petitioners stating that there was no objection to the construction of a building for the Brahma Kumari religious institu- tion from the point of view of acquisition of land by the Delhi Ad- ministration. It was further stated in the said letter that after the institution had submitted plans to the Delhi Municipal Corporation and got it approved, they could write to the Land and Housing Depart- ment and also enclosed a copy of the approved plan. Thereafter on 17th December, 1964, the Delhi Municipal Corporation sanctioned the lay out plan of the petitioners for construction of building on the aforesaid land but the plans submitted by the petitioners for const- ruction of the building are still pending. Now the impugned Noti- fication dated 23-11-1965 has been issued under section 6 of the Act once again. The second Notification issued under section 6 of the Act was challenged on various grounds, namely :