J.P. GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein (since deceased) was the owner of land admeasuring 4 bigha 10 biswa forming part of Khasra No.68/1 Village Kilokri, Delhi popularly known as Hari Nagar Ashram, New Delhi. This khasra comprises of much bigger land and there have been repeated attempts to acquire 12 bigha 2 biswa out of the said land, including the land of the petitioner which measures 4 bigha 10 biswa, as stated above.

(2.) FIRST notification under Sections 4, 6 and 17 of the Land Acquisition Act (hereinafter referred to as the 'Act') seeking to acquire 12 bigha 2 biswa was issued on 4.5.1960. The purpose of acquisition as stated in the said notification was "for setting up a Fire Station." Notices were also issued under Sections 9 and 10 of the Act to the petitioner and other land owners. At that time, writ petition was filed challenging those notifications on the ground that any acquisition for the purpose of Corporation could be procured only if the Corporation was satisfied that a negotiated sale of the land in question was not possible. The writ petition was, however, dismissed by the Division Bench on 26.11.1969. It seems that the Government acquired some other land for setting up the Fire Station.

(3.) IT would be relevant to state here that when the LPA was pending before the Division Bench the respondent filed an application for early hearing stating that the land in question was required for "widening of the road at Ashram in connection with Asiad 1982", which was to be inaugurated in October, 1982. However, thereafter vide notification dated 3.3.1982, 18 biswa of land owned by one Dr. Kataria was acquired for widening of the road at Ashram. Even the petitioner vide his communications dated 12.4.1982 and 22.4.1982, in response to the application for early hearing, offered the portion of land required for road widening subject to the condition that remaining land should be de-notified and cleared from acquisition. However, on 26.4.1982 the respondents entered into an agreement with Dr. Kataria as per which 13 biswa of land for road widening was acquired and remaining 5 biswa of land was de- notified and freed from acquisition. Ultimately, as pointed out above, LPA was dismissed on 21.5.1982.