YASH PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these writ petitions are being disposed of by this common judgment because the facts are similar. In these writ petitions under Article 226 and 227 of the Constitution of India, it is prayed that a writ of certiorari or any other writ or direction be issued for quashing notification No.F-1 (16)/80/LandB dated 5.11.1980 under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) and declaration No. F.9 (18) 85-LandB dated 21.5.1985 under Section 6 of the Act and also for quashing the award No.13/87-88 in respect of the lands of the petitioners, comprised in khasra No.228 measuring 8 bighas 6 biswas (CWP No.1466/2003) and in khasra No.227 measuring 2 bighas 13 biswas (CWP No.1508/2003) in village Saidulajaib, New Delhi and for restraining the respondents from taking any action qua the above mentioned lands.

(2.) We have heard Mr. N.S. Vashist, Advocate learned counsel for the petitioner and Mr. Sanjay Poddar, Advocate learned counsel for the respondents.

(3.) It is contended on behalf of the petitioners that they purchased land in khasra No.228 measuring 8 bighas 6 biswas (CWP No.1466/2003) and in khasra No.227 measuring 2 bighas 13 biswas (CWP No.1508/2003) in village Saidulajaib and necessary entries are said to have been made in the khatoni (Revenue Record). However in para-3 in the petitions it is stated that the petitioners are the legal owner by virtue of inherited lands and are in peaceful possession of the same. It is averred that it was falsely stated in the above referred notifications that land was to be acquired at public expense for public purpose namely planned development of Delhi. The petitioners filed objections under Section 5-A of the Act before the Collector, the petitioners were given a notice for hearing and for giving evidence, if any, on the objections and another notice was promised for giving personal hearing but no effective and real opportunity of hearing was given and in fact the Collector was transferred before submitting the report to the Lt. Governor.