LAWS(DLH)-1978-10-17

P S GILL Vs. UNION OF INDIA

Decided On October 12, 1978
P.S.GILL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These six Letters Patent Appeals and Civil Writ can be disposed of by a common judgment, as they raise common issues arising out of a notification dated the 24th October, 1961 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') for the acquisition by the Government of about 16,000 acres of land situated in the village of Garhi Naraina which is situated within the limits of the Delhi Contonment (briefly referred to as 'Cantt.'). The public purpose specified in the notification was "planned development of Delhi".

(2.) A declaration under Section 6 of the 1894 Act was issued on 7th December, 1966 in pursuance of the earlier notification under Section 4. The six appellants filed writ petitions in this Court challenging the above two notifications on various grounds. These petitions having been dismissed by Prithviraj.J. by his judgment dated 18th December, 1975 (reported in ILR 1976-1 Delhi 375) (1), the writ petitioners have preferred the Letter Patent Appeals.

(3.) So far as the L. P. Appeals are concerned, the allegations and contentions of the writ petitioners and the replies of the respondents have been summarised in he judgment of Prithiraj, J in paras 4 to 24 (See ILR 1976-1 Delhi at pages 379 to 385) and need not be repeated here.