JAGDISH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of an appropriate writ order or direction for quashing of the notification dated 18/12/1987 issued by the respondents under Sections 4 and 17(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') and declaration under Section 6 dated 14/1/1988 and also that the respondents should not acquire their land.

(2.) The petitioners are stated to be owners/bhumidars of various portions of land falling in khasra No. 394 in the Revenue Estate of village Bindapur, Q Block Extension, the details of which are as under:- <FRM>JUDGEMENT_384_ILRDLH15_2006Html1.htm</FRM>

(3.) In furtherance to the above notifications, the land of the petitioners was sought to be acquired. A notification, firstly, was issued on 27/1/1984 under Section 4 of the Act and even an award was made by the Land Acquisition Collector on 17/10/1986 bearing award No. 163/86-87 and the land of the petitioners was left out from the said award and subsequently another notification was issued as afore-stated. Thereafter on 14/1/1988, notification under Section 6 was issued and award no. 24/89-90 dated 12/1/1990 was made by the Land Acquisition Collector even in relation to the land of the petitioners. It is even stated by the petitioners that DESU had invited tenders for installation of sub-station in the colony of the petitioners and the land in question was acquired for a public purpose namely 'Planned Development of Delhi under the Papankalan scheme'. The petitioners challenged these notifications on the grounds that there was no circumstances justifying the invocation of the provisions of Section 17(1) of the Act, in any case, there was no order passed by the competent authority under Section 17(4) of the Act dispensing with the compliance to the provisions of Section 5A of the Act, there was no public purpose and even possession of the land had not been taken and the payments had not been made.