BABU RAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of C.W.P. 3796 of 1982 and C.W.P. 109 of 1983 which raise identical questions of facts and law and are challenging the acquisition proceedings.

(2.) The land measuring 920 bighas 9 biswas situated in village Chilla Saroda Bangar was notified under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) vide notification dt. 17-11-1980 for a public purpose, namely, planned devopment of Delhi. Objections were invited from the interested persons. After considering the objections under S. 5(A) of the Act, the Land Acquisition Collector submits his report to the Delhi Administration along with the record of the proceedings. The Delhi Administration thereafter issued a declaration under S. 6 of the Act vide notification dt. Sept. 29. 1981 for acquisition of the land for the purpose mentioned above. Notices under Ss. 9 and 10 of the Act were issued to all the interested persons. In response to those notices, the claims of the persons interested were received. The claims were considered by the Land Acquisition Collector. Award No. 39/82-83 was made on Sept. 30. 1982.

(3.) The petitioners in C.W.P. 3796/82 claim to be the Bhumidars of the land mentioned in para 1 of the writ petition. The petitioners challenge the said notification under S. 4 and declaration under S. 6 of the Act as bad in law, illegal having been made under exercise of colourable power on various grounds. The petitioners in C.W.P. 109/83 are the purchasers, by sale deeds registered on May 20,1981, from some of the petitioners in C.W.P. 3796/82. They raise an identical challenge.