KUNDAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of C. W. Nos. 2012 and 2013 of 1986.

(2.) Mr. B. R. L. lyengar, learned counsel for the petitioner, has challenged a Notification dt. 27th Jan., 1984 issued under S. 4 of the Land Acquisition Act and another Notification issued under S. 6 of the Land Acquisition Act whereby certain agricultural lands of which petitioner claims to be Bhoomidar have been acquired. The acquisition has been done by the aforesaid Notifications on the ground of planned development of Delhi. Following submissions were made by the learned counsel for the petitioner for impugning the aforesaid, Notifications.

(3.) So far as first point is concerned, it will be noticed that the question, whether the land could be acquired in Delhi by the Lieutenant Governor, Delhi, is concluded by a Full Bench decision of this Court reported as Major S. K. Gupta v. Union of India, ILR (1977) 1 Delhi 659 : (AIR 1977 Delhi 209). This Full Bench decision noticed that the President had directed Lieutenant Governor, Delhi, under Art. 239(1) of the Constitution to "exercise the powers and discharge the functions of the Central Government under the provisions of the Land Acquisition Act 1984" within the Union Territory of Delhi and therefore the impugned Notification could be issued by the Lieutenant Governor of Delhi.