SWALLEHIN Vs. LT GOVERNOR

JUDGEMENT

(1.) On April 9, 1964, the respondent Union of India issued a notification under S. 4 of the Land Acquisition Act (the Act) in respect of the petitioners' lands situated in Malikpur Chhawani, Delhi, admeasuring 194 bighas-19 biswas comprising field Nos. 351, 352, 353, 354, 355, 356, 357, 358 and 359. On May 15, 1964, the petitioners filed objections under S. 5-A of the Act. Without hearing the petitioners on their objections the Government issued a notification under S. 5 on November 30, 1964.

(2.) Aggrieved by this action of the Government the petitioners brought a writ petition on January 30, 1968 (C.W. No. 123 of 1968). Their main complaint in that case was that no notification under S. 6 of the Act could be issued without hearing them on their objections as required by the mandatory provisions of S. 5-A of the Act. The Government realised its mistake. Accordingly, on December 9, 1968, the Government made an application to the court (CM 2522- J of 1968). This application was styled as one under s. 151, Code of Civil Procedure. In this application it 'was conceded that "no notice was issued to the petitioners for hearing of those objections and the mandatory provisions of S. 5-A of the Land Acquisition Act have not been complied with." And that "the acquisition proceedings subsequent . to the issue of S. 4 notification may be quashed. Since there is no defect in the notification dated April 9, 1964 under s. 4 of the Land Acquisition Act, the same may be kept intact."

(3.) This application came up for hearing before V. S. Deshpande, J. on January 10, 1969. He passed the following order: