MADU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition calls in question the validity of a notification under Section 4 read with Section 17 of the Land Acquisition Act proposing to acquire land for the public purpose of setting up of a Sewage Treatment Plant (STP) in village Kapashera, Tehsil Vasant Kunj, New Delhi and a declaration under Section 6 of the said Act. Learned counsel for the petitioner submitted that the issues that arise for consideration in this petition are similar to the ones that fell for determination of this Court in M/s Deepak Resorts and Hotels Pvt. Ltd. And Anr. v. Union of India and Others (CWP 9005/2007) and Gramin Uthan Avam Jankalyan Samiti (Regd.) v. Government of NCT of Delhi and Others (CWP 6526/2007). Both these petitions have been dismissed by us by separate orders passed on 8th February, 2008. In Gramin Uthan's case, this Court has examined issues concerning environment raised by the petitioner by reference to the construction of the proposed sewage plant at Kapashera and come to the conclusion that the said plant does not violate any statutory provision nor does it involve any hazards of environmental pollution for the residents of the area.

(2.) In Deepak Resorts case, the validity of the impugned notification under Section 4 and 17 and declaration under Section 6 of the Land Acquisition Act were examined by this Court. Repelling the contentions urged by the petitioners, this Court found that neither the preliminary notification under Section 4 read with Section 17 of the Act nor the declaration under Section 6 suffered from any illegality or irregularity to call for any interference. The questions raised in this petition, thus, stand fully answered by the said two decisions. Consequently, this petition must fail on a parity of reasoning.

(3.) In the result, this writ petition fails and is hereby dismissed but in the circumstances without any orders as to costs.