CHAND Vs. UOI

JUDGEMENT

(1.) This writ petition, filed on 19.1.1987, challenges a notification dated 5.11.1980 issued under S. 4 of the Land Acquisition Act, 1894 ('Act') and a declaration dated 20.5.1985 issued under S. 6 of that Act in respect of certain lands measuring 7 bighas and 18 biswas in Village Said-ul-ajaib, Tehsil Mehrauli, New Delhi. As indicated in para 2 of the writ petition, at the time of filing of the writ petition there were already a large number of similar writ petitions challenging the very same notifications which were pending in this Court. Therefore, at the very first hearing on 20.1.1987 Rule was issued and dispossession of the petitioners was stayed on the condition that they do not alienate the land in any manner, and not make any construction thereon.

(2.) No counter affidavit was filed by the respondents for many years and finally this Court was informed on 7.2.2006 that respondents do not wish to file counter affidavit. Thereafter the matter was directed to be listed for final hearing on 16.5.2006. When the matter was heard on 16.5.2006 counsel for the petitioners sought liberty to file an additional affidavit and copies of certain judgments he wished to rely upon. This permission was granted and the matter was listed for final hearing on 23.8.2006. The learned counsel for the petitioners requested for a further adjournment to the following date and, therefore, the matter was listed on 24.8.2006.

(3.) On 24.8.2006, the learned counsel for the respondents pointed out that the matter stood covered by the judgment of the Full Bench of this Court in Balak Ram Gupta v. Union of India AIR 1987 Del 239 which had been affirmed by the Hon'ble Supreme Court in Abhey Ram (dead, by LRs.) v. Union of India (1997) 5 SCC 421. Learned counsel for the petitioners thereupon sought time to examine this Full Bench judgment and requested for one more day's adjournment. At his request, the matter was listed on 25.8.2006.