SHANTI INDIA P LTD Vs. LT GOVERNOR

JUDGEMENT

(1.) 1. This writ petition challenges the action of the respondents in issuing the declaration under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") dated 9th November, 2005 published in the Times of India on 24th November, 2005 purporting to acquire land bearing Khasra No. 125, measuring 5 bighas, 8 biswas, situated in the revenue Estate of village Mehrauli, Tehsil Mehrauli, Delhi (hereinafter referred to as the "said land") in violation of the statutory limitation period of one year from the publication of the date of the notification under Section 4 of the Act prescribed for the issuance of the Declaration under Section 6 of the Act.

(2.) The brief facts of this case as per the case set up by the petitioner are as follows; (a) On 2nd February 1999, a Joint survey of the said land was conducted by the respondent No. 4, i.e., DDA/L & B Deptt. (b) On 15th November, 1999 a Notification dated 11th November, 1999 under Section 4 of the Act was published in the "Hindustan Times". The public purpose stated in the said notification was that the land was likely to be required to be taken by the Government at public expense for a public purpose, namely for 'Vasant Kunj Residential Scheme' under Planned Development of Delhi. The said Notification also stated that the Lt. Governor Delhi was satisfied that the provisions of Sub-section 1 of Section 17 of the Act are applicable to this land and therefore, directed under Section 17 (4). of the Act that the provisions of Section 5(A) of the Act shall not apply to the said land. The petitioner's land was covered by the said notification. Section 4, Section 17(1), Section 17(4) and Section 5(A) of the Act read as follows:

(3.) The learned senior counsel for the petitioner Mr. P. N. Lekhi while challenging the second declaration dated 9th November 2005 under Section 6 of the Act, submitted as under: