RAJIV PREM Vs. UOI

JUDGEMENT

(1.) Subject of challenge in the present writ petition are acquisition proceedings in relation to land comprised in Khasra No.l895(4-16); 1897/1/2(1-11); 1898/2(4-7); 1896/(1-19); 1896/2/1(0-1) & 1896/1/2(2-7) admeasuring a total area of 12 bighas 2 biswas situated in the Revenue Estate of Village Chhatarpur, Delhi, owned and possessed by the petitioner on purchase thereof in the year 1992.

(2.) The acquisition proceedings commenced on a notification under Section 4 of the Land Acquisition Act (for short the 'Act') being issued on 25.11.1980. The persons interested, who had objections to the acquisition of their land as notified, were required to file their objections in writing within 30 days of the publication of the said notification. Objections under Section 5A of the Act were accordingly filed by the erstwhile owners of the land in question. However, according to the petitioner, without affording any opportunity of hearing, the Land Acquisition Collector submitted a report alongwith his recommendations to the Lieutenant Governor and the Lieutenant Governor mechanically and without application of mind accorded his approval by a non speaking order dated 5.6.1985 for issuance of a notification under Section 6 of the Act. Pursuant thereto, a notification under Section 6 of the Act was issued on 7.6.1985 declaring that the scheduled lands, including petitioner's land, were required to be taken over by the Government at public expense for a public purpose namely, for planned development of Delhi. An award was eventually made on 4th December, 1987. No compensation was however, ever offered or paid to the petitioner or his predecessors-in-interest. It is alleged that the petitioner on being threatened to be dispossessed from the land, filed the present petition inter alia praying for issue of an appropriate writ or direction in the nature of Gertiorari, quashing and setting aside the acquisition proceedings including the award dated 4th December, 1987.

(3.) Apart- from the grounds pleaded in the writ petition, the petitioner filed an additional affidavit, during the course of proceedings, pleading therein that the notification under Section 4 exempted following categories of land from its applicability: