NANDU Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition the petitioners have raised challenge to the two notifications issued under Section 4, 6 and 17 of the Land Acquisition Act (hereinafter referred to as the 'Act') dated 18th December, 87 and 14th January, 88. Vide these notifications, the appropriate Government intended to acquire an area of 2891 bighas 8 biswas of the land in the revenue estate of village Bindapur. In furtherance to these notifications, declaration under Section 6 of the Act was issued on 18th September, 84. After serving the notices under Section 9 and 10 of the Act, the claimants were heard and the Collector made an Award bearing No. 163/86-87 and acquired an area of 733 bighas and 14 biswas. The notifications were issued for acquiring the land for a public purpose namely 'Planned Development of Delhi'. It was composite notification under Section 4, 6 and 17 of the Act. As per the terms of the notifications, compliance to the provisions of Section 5A of the Act was dispensed with.

(2.) It is the argument on behalf of the petitioners that the entire area was not acquired or taken possession of by the authorities as it was a built up area. Secondly, before allegedly taking the possession the payment of 80% amount as contemplated under the provisions of the Act was not made, the public purpose could not be achieved as it was a built up area and lastly there was no order passed by the Lt.Governor upon proper application of mind under Section 17(4) of the Act, thus, dispensation to the compliance of the provisions of Section 5A of the Act was without any basis and as such this all vitiate the acquisition proceedings and the notifications are thus liable to be quashed.

(3.) It is also the contention of the petitioners that the payment of 80% in terms of Section 17 was neither paid nor tendered at any time to the petitioners. They have been in possession of land for all these years and the very purpose of acquisition of land stands frustrated, thus, the writ petition should be allowed.