SANJAY TYAGI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) A notification was issued under Section 4 of the Land acquisition Act, 1894 (hereinafter referred to as the said Act) in respect of total land measuring 77 bighas and 8 biswas situated in village Basai Darapur, Delhi in the year 1959. A declaration under section 6 of the said Act was issued on 28. 01. 1966. The award no. 7/97-98 was published and possession of 58 bighas and 10 biswas was taken over. It may be noticed that during this period of time there were certain writ petitions filed challenging the acquisition proceedings where interim orders had been passed but the same were subsequently dismissed/vacated.

(2.) A second set of litigation began on some co-sharers approaching this Court in the year 2001 alleging a policy of pick-and-choose for carrying out demolitions on the acquired land. The demolitions were, in fact, carried out.

(3.) THE present writ petition was filed as according to the petitioners, the respondents were proposing to release some of the land acquired in the acquisition proceedings but in a pick-and-choose manner. Not only that the petitioners alleged that the land which had been acquired was permitted to be encroached upon by the DDA, which itself showed that there was no need to acquire the land for public purposes.