LAWS(DLH)-2008-8-279

PAWAN KUMAR Vs. GOVT OF NCT

Decided On August 12, 2008
PAWAN KUMAR Appellant
V/S
GOVT OF NCT Respondents

JUDGEMENT

(1.) THE present writ petitions have been filed seeking a declaration that the intended possession by the Respondents of the Petitioners' land comprising of Khasras No. 35/9/1 and 35/9/2 admeasuring 3600 sq. yd. situated within the Revenue Estate of Village Samaypur, Delhi (hereinafter referred to as the said land) is not for any public purpose and not required for acquisition. The Petitioners have also sought a prayer of Mandamus directing the Respondent - Land Acquisition Collector not to interfere with the peaceful possession, use and enjoyment of the said land.

(2.) BRIEFLY stated the material facts of this case are that the Petitioners, who are father and two sons, are joint owners of the said land.

(3.) AS the proposed acquisition was under the urgency provision of Section 17(4) the right to file objections under Section 5A was dispensed with. On 27th July, 1984, a declaration under Section 6 of the said Act was also simultaneously issued. Pursuant to the notice under Section 9 of the said Act, the Petitioners filed their objections in August 1984 stating that they were carrying on their business on the said land as well as the entire land was built up with the adjoining land being used for industrial purpose.