S UJJAL SINGH Vs. UOI

JUDGEMENT

(1.) IN this petition for a writ of certiorari, the petitioner calls in question the validity of a notification dated 5th November, 1980 issued under section 4 of the Land Acquisition Act, 1894 and a declaration dated 21st May, 1985 issued under Section 6 of the said Act whereby nearly 21 bighas of land situate in Sy. Nos. 245, 247, 248 and 340/250 of village Said-ul-Ajaib has been notified for acquisition for the public purpose of planned development of Delhi. The factual backdrop in which the challenge has been mounted may be summarised as under:

(2.) THE petitioner claims to be owner/bhumidar of land measuring 12 bighas and 12 biswas in Sy. No. 245 of village Said-ul-Ajaib. He also claims to have entered into an agreement to sell with the owners of nearly 8 bighas of land in sy. Nos. 247, 248 and 340/250 of which he claims to be in possession upon payment of a major part of the consideration settled for the same.

(3.) BY a preliminary notification dated 5th November, 1980 issued under section 4 of the Land Acquisition Act, the entire land situate in revenue estate of villages Tughlaqabad, Tikri, Deoli, Khanpur, Said-ul-Ajaib, Neb Sarai, Hauz rani and Khirki except those excluded under the said notification were notified for acquisition by the Delhi Administration for the public purpose of planned development of Delhi. In response to the said notification, the petitioner filed his objections before the Collector, Land Acquisition, Tis Hazari Courts, delhi on 4th December, 1980. It is common ground that on 11th January, 1984, i. e. more than 3 years after the issue of the preliminary notification, the petitioner received a notice dated 6th January, 1984 from the office of the collector, Land Acquisition, Delhi whereby he was asked to appear before the collector for a personal hearing of the objections on 12th January, 1984. The petitioner accordingly appeared before the Collector on 12th January, 1984 in response to the said notice and filed some additional objections also to the proposed acquisition proceedings. The Collector appears to have considered the said objections and submitted a report culminating in a declaration dated 21st may, 1985 under Section 6 of the Act. Aggrieved by the said notification and the declaration, the petitioner has filed the present writ petition for a writ of certiorari quashing the same and for a prohibition restraining the respondents from proceeding further in the matter or dispossessing him from the land in question.