NIRMALENDU DEV NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition whereby the petitioners seek a writ, order or direction in the nature of certiorari for quashing Award No. 13/95-96 dated 20/12/1995 (Annexure 'P-7' to the writ petition) rendered by the Land Acquisition Collector, Delhi, and the proceedings culminating into it. The facts giving rise to this writ petition are as follows :- The petitioners purchased twenty plots measuring 4 Bigha 4 Biswas, located at Pankha Road, New Delhi, in a residential colony known as Vashisht Park Extension, Village Dabri, Delhi. These purchases were made from agriculturists in the year 1974 by way of registered sale deeds. After purchase of the land the petitioners constructed tenements which are being used for residential as well as commercial purposes. The area has been urbanised and the petitioners have the facilities of water, electricity, telephones and ration cards. The names of the residents including that of the petitioners figure in the voters' lists. The petitioners also claim that the colony has been regularised and the House-tax is being levied by the Municipal Corporation of Delhi.

(2.) On 21/9/1993, the Land Acquisition Collector issued a notification under section 4 of the Land Acquistion Act, 1894 (for short 'the Act') in respect of the land in question for "the planned development of Delhi, i.e., development of Dwarka Project". By the same notification, the provisions of section 5-A of the Act were dispensed with under section 17(1) read with section 17(4) thereof. Thereafter, on 21/12/1993 a declaration was issued under section 6 of the Act. On the same day a notification was issued by the Delhi Administration in the name of the Lt. Governor of Delhi under section 17(1) of the Act whereby the Land Acquistion Collector, Delhi, was directed to take possession of the land on expiration of fifteen days from the publication of the notification under sub-section (1) of section 9 of the Act. But despite the direction the possession was not taken over after the expiry of fifteen days from the publication of the notice under section 9 of the Act. The land acquisition proceedings culminated in the impugned Award No. 13/95-96 dated 20/12/1995.

(3.) The petitioners are aggrieved of the acquisition proceedings and the above said Award of the Collector. The basic grievance of the petitioners is that the Collector by invoking the provisions of section 17(4) of the Act has deprived them of their right to file objections to the acquisition proceedings under section 5-A of the Act. Mr. Saini, learned counsel for the petitioners submitted that the notification does not give any reason for invoking the provisions of section 17(4) of the Act. He contended that the notification, without spelling out any justification for application of the provisions of sectioin 17(4) of the Act, has taken away a very valuable right conferred on the land owners under section 5-A of the Act. It was canvassed that there was no urgency involved in the case and, therefore, the provisions of section 5-A of the Act could not have been dispensed with. The action of the Land Acquisition Collector has been criticised as being malafide and a fraud on the statute.