BRIJ NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal under Cl. X of the Letters Patent is directed against the judgment dt. Feb. 6, 1979 of Hon'ble Mr. Justice Dalip K. Kapur dismissing the writ petition under Art. 226 of the Constitution of India for quashing the entire acquisition proceedings including the notifications under Ss. 4 and 6 of the Land Acquisition Act, 1894.

(2.) The appellant is one of the co-owners of the property known as Sat Narain Building situated at Roshanara Road, Delhi which falls in khasra nos. 395 to 398 in Patti Jahanuma and in khasra Nos. 90,92,530/89 to 93 in Mauza Sadhora Khurd. The said property was requisitioned in the year 1944 under the Defence of India Rules for a period of one year and was released from requisition in the year 1945. The General Government again requisitioned on July31, 1948 the said properly under S. 3(4) of the Delhi Premises (Requisition and Eviction) Act, 1947. The said property was used for several public purposes and from 1948 it is being used by the Central Government for running girls school. The Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as the Act) was enacted to provide for the requisitioning and acquisition of immovable property for the purposes of the Union and received the assent of the President on Mar. 14, 1952. S. 23 of the Act provided for validation of certain requisitions and acquisitions. All immovable property which purports to have been requisitioned by the State Government for any public purpose, being a purpose of the Union, under any Provincial or State Act and which, immediately before 25th Jan. 1952, was used or occupied by (he Central Government or by an officer or authority subordinate to that Government was deemed to be property duly requistioned under S. 3 of the Act. Every such requisition, notwithstanding any judgment, decree or order of any Court, was deemed always to have been valid as if the Act had been in force on and from the date of the requisition and the requisition had been duly made by the Competent Authority under the Act, and all the provisions of the Act would apply accordingly. The Delhi Premises (Requisition and Eviction) Act, 1947 was repealed. By virtue of S. 24(2), S. 3 of the Act applies to all requisitions of properties made before the Act and the Act is to he taken to have been in force or the day on which the original requisition order about that property was made in view of proviso (b) to S. 24(2) of the Act. In other words, the said property requisitioned under the Delhi Premises (Requisition and Eviction) Act, 1947 was deemed to have been requisitioned under the provisions of S. 3 of the Act.

(3.) The Chief Commissioner of Delhi issued a notification dt. April 19, 1963 under S. 4 of the Land Acquisition Act, 1894 notifying that the land is likely to be needed for the public purpose, namely, for the construction of Government school. The persons interested were given opportunity to file objections under S. 5A of the Land Acquisition Act 1894. After holding of an enquiry, the Land Acquisition Collector submitted a report. The Chief Commissioner of Delhi issued the declaration under S. 6 of the Land Acquisition Act in the notification dt. July 26, 1963 that the land described in the notification was required to be taken by the Government at the public expense for a public purpose, namely, for the construction of Government school.