KAPTAN SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India. Counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered in the case of N.K.Bakshi & Ors. v. Union of India & Ors., W.P.(C) 8989/2014. It is stated that the acquisition made through the notification published on 26.04.2013 is contrary to The Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). The petitioner seeks a direction to quash the said notification dated 26.04.2013 and consequential direction that the respondents be directed/restricted from dispossessing the petitioner from the land i.e. Khasra Nos.256, 269, 273, 274, 284 and 317 falling in the revenue estate of Village Shahbad Daulatpur, Delhi (hereinafter referred to as the 'subject land').

(2.) Brief facts required to be noticed for the disposal of the present writ petition are that a notification under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 was issued on 28.04.1995, followed by a Section 6 declaration on 26.04.1996, which sought to acquire the land for the purpose of Phase-IV, Rohini Residential Scheme. The said notification also invoked the urgency clause of Section 17(4) of the Act.

(3.) Two petitions i.e. W.P.(C)3938/1996 and W.P.(C) 5525/2000 were filed by the petitioners for de-notification and regularization of their lands. The High Court rejected the petition, however, the Supreme Court quashed the Notification dated 28.04.1995 by an order dated 21.02012. The court granted liberty to the competent authority to notify objections under Section 5(A) of the Act pursuant to the Notification of 28.04.1995. The appropriate government on 26.04.2013 issued a declaration under Section 6 of the Act after considering the objections filed before it.