REDIANCE FINCAP P LTD Vs. UOI

JUDGEMENT

(1.) COMMON questions of law arise for consideration in this batch of cases which were heard together and shall stand disposed of by this Common Order. The controversy in all these petitions relates to the legality of proceedings for acquisition of land under the Land Acquisition Act for the public purpose of development of Vasant Kunj, Phase-IV as a part and parcel of the bigger scheme of planned development of Delhi. The petitioners assail the acquisition proceedings primarily on the ground of non-application of mind by the Government of NCT of Delhi, denial of opportunity of hearing in terms of section 5a of the act and absence of a proper plan or scheme for the proposed housing colony at vasant Kunj. Before we articulate the precise grounds of challenge urged by the petitioners and deal with the same, we may briefly set out the factual backdrop in which the petitioners have approached this Court.

(2.) A notification under Section 4 read with Section 17 of the Land acquisition Act was initially issued in June, 1995 for the acquisition of large extent of land measuring nearly 3,284 bighas in village Rangpuri in Delhi. A corrigendum issued by the Lieutenant Governor some time later directed that objections under Section 5a could be filed by the aggrieved owners with the collector, Land Acquisition. No declaration in terms of Section 6 was, however, issued on the basis of the above preliminary notification within the stipulated period of one year with the result that the proposed acquisition proceedings lapsed with the passage of time.

(3.) A fresh notification under Sections 4 and 17 was then issued by the competent authority for acquisition of different parcels of land including an area of 369 bighas and 1 biswa situated in village Rangpuri. This notification issued on 27th June, 1996 was followed by a declaration under Section 6 of the act on 24th June, 1997 for the land sought to be acquired including the land owned by the petitioners. Notices under Section 9 and 10 of the Act were issued nearly 2 years later to the interested persons including the petitioners asking them to file their claims and objections. Upon consideration of these claims and objections, the Collector, Land Acquisition made and published award no. 7/1998-99/sw on 22nd June, 1999. Dissatisfied with the award, the petitioners have filed the present writ petitions challenging the validity of the acquisition proceedings on several grounds to which we shall presently advert.