DELHI DEVELOPMENT AUTHORITY Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THIS writ petition by the Delhi Development Authority (DDA) seeks a writ of certiorari to quash the award dated 08. 05. 2004, passed by the land Acquisition Collector (District South West, Delhi) (LAC) in relation to three plots of land admeasuring 1 bigha 5 biswas forming part of khasra Nos. 114-116/32, 114-116/47 and 114-116/48 in village Mohd. Pur Munirka, Delhi. Background facts:

(2.) THE background to the filing of the present writ petition may be briefly recounted. On 10. 12. 2001, a notification was issued under section 4 of the Land Acquisition Act, 1984 (Act) read with Section 17 hereof for acquiring three plots of land (as mentioned hereinabove)located in Nos. 32, 47 and 48, Sunlight Estate, New Delhi (in the khasra Nos. mentioned above admeasuring 9 biswas, 8 biswas and 8 biswas respectively) for the purpose of the Bhikaji Cama Place District centre.

(3.) IN respect of plot No. 32, Sunlight Estate, Smt. Krishna Kumari uppal (respondent No. 5 herein), filed a writ petition being CW 7403/2002 in this Court challenging the said notification dated 10. 12. 2001. Vide an order dated 20. 11. 2003, the said writ petition was disposed of (along with another writ petition No. 7404/02), recording the statement of the counsel for the petitioner that the challenge to the acquisition proceedings was not being pressed and that a direction may be issued for an alternate site. This court by the said order directed the respondent DDA to decide the application for alternate plot within a period of eight weeks from the date of the handing over the possession of the plot to it by petitioner (respondent no. 5 herein ). A review petition filed by respondent No. 5 herein was dismissed vide order dated 19. 12. 2003 and a special leave petition filed thereafter by her was also dismissed as withdrawn on 09. 01. 2004 dda was a party to all these proceedings. As a result of these proceedings, the challenge to the validity of the notification dated 10. 12. 2001 failed. All hurdles to the DDA taking possession of the land in question stood removed.