GOPAL TRADING CO Vs. GOVT OF INDIA

JUDGEMENT

(1.) This writ petition challenges the notice dated September 7, 1973 issued by the respondents pursuant to the resumption proceedings whereby the respondents resumed 2.64 acres of land with certain constructions of plot No.24, Nathu Singh Road, Cantonment Road, Kanpur. The notice was challenged inter alia on various grounds. Mr.Rajiv Datta, learned counsel for the petitioners, has vehemently contended that the resumption proceedings is void ab initio because it affects the fundamental right of the petitioners as they have been deprived of their land, which was granted to them under the Government Grants Act vide order No.179 of 1836. Mr.Datta has argued that the right of the petitioners cannot be taken away by any action of the respondents, which deprives the owners of their right, title and interest to the said property. He has also contended that resumption proceedings are otherwise hit by Articles 19 and 20 of the Constitution of India.

(2.) Another leg of the arguments advanced by the learned counsel for the petitioners is that the impugned notice is bad as it does not provide any compensation nor has specified any guideline, which has been taken into consideration for fixing such compensation and, therefore, the impugned notice is ultra vires and illegal.

(3.) The arguments of the learned counsel for the petitioners cannot be acceded to in view of the decision of this Court in Shri Raj Singh v. The Union of India & ors. AIR 1973 Delhi 169 in which the Division Bench of this Court held -