ALI HASAN Vs. LT GOVERNOR

JUDGEMENT

(1.) The Delhi Administration issued notification dated 23rd April, 1968. under section 4 of the Land Acquistion Act, 1894, (herein called 'the Acquisition Act') seeking to acquire the land specified therein including the land bearing Rectangle No. 53. Field Nos. 19 and 20 each measuring 4 Bighas 16 Biswas situate in the revenue estate of Khureji Khas of which the petitioners were nonoccupancy tenants, on the ground that the land was needed For a public purpose, viz., planned development of Delhi. This was followed by a declaration under section 6 of the Acquisition Act (Annexure 'D') couched in the following language

(2.) The case of the petitioners is that the aforesaid declaration on the face or it lacks the requisite satisfaction of the appropriate Government and that the acquisition of their land on tentative and hypothetical basis ''whereas it appears" is wholly illegal and in contravention of section 6 of the Acquisition Act.

(3.) Further, the case of the petitioners is that after the enactment of the Delhi Development Act, 1957, (herein called the Development Act') there could be no planned development of Delhi except in accordance with the provisions of such development contained in that Act and in accordance with the Master Plan and the Zonal Development Plans for different areas; that in accordance with section 15 of the Development Act as amended by the Delhi Development (Amendment) Act, 1963, land could only be acquired for the planned development of Delhi if in the opinion of the Central Government the land was required for the said purpose; that being so. the Central Government has first to form the opinion that the land intended to be acquired is required for the purpose of development and then to proceed to acquire it in accordance with the provisions of the Acquisition Act, but before issuing the notification under section 4 of the Acquisition Act in the present case the Central Government did not form the opinion as required by section 15 of the Development Act; and that for acquisition by the Central Government under the Development Act the notification under section 4 of the Acquisition Act had to be issued by the Central Government being the appropriate Government within the meaning of section 4 of the Acquisition Act, but notification under section 4 in the instant case ( Annexure 'B') was issued by the Lt. Governor.