(1.) These writ petitions have been referred to a third Judge to resolve the conflict arising out of the opinions expressed by a Division Bench of this Court comprising Swatanter Kumar and Madan B.Lokur, JJ. The writ petitions assailed the validity of certain land acquisition proceedings in which while Swatanter Kumar, J held the inquiry under section 5-A and the declaration under section 6 of the Land Acquisition Act, 1894 (for short "the Act") to be legally valid, Madan B.Lokur, J. has held the same to be otherwise. The end result was been that while the acquisition proceedings have been upheld by Swatanter Kumar, J. the same have been quashed by M.B. Lokur, J.
(2.) The facts giving rise to the filing of the petitions have been set out in detail in the opinions recorded by the Hon'ble Judges, comprising the Bench. The same need not, therefore, be stated over again except to the extent it is necessary to do so for appreciating the precise issue that arises for consideration and the context in which the same arises.
(3.) A large extent of land situate in 13 South Delhi villages was notified for acquisition by the respondents for what was described as "Planned Development of Delhi". Objections to the acquisitions were invited by the respondents and were filed by the land owners but not all of them. A declaration under section 6 of the Act was, in due course, issued by the competent authority, the legality whereof was challenged in a large number of writ petitions filed in this Court. Some of these petitions raised the contention that the declaration was beyond the period of three years stipulated by the Act. That plea was examined and repelled by a full Bench of this Court in Balak Ram Gupta Vs. Union of India., AIR 1987 Delhi 239 (FB). Since there are three different decisions rendered by this Court from time to time with the same cause title, the full Bench decision, which is the first in point of time shall be referred to as "Balak Ram-I" to avoid confusion.
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