Respondent s Date 27/11/2014 This appeal was called on for JUDGMENT today.
On 17.12.1993, the Completion Certificate with regard to the farm house on the land in question was issued to the appellant by the MCD.
For Respondent s M s Saharya Co. Ms. Sushma Suri,Adv.
On 24th June, 1997, a declaration under Section 6 1 of the repealed L.A. Act was issued by the NCT, Delhi in respect of the land sought to be acquired including the land owned by the appellant.
Hence, this appeal.
F.9 12 /95 LB LA/8474 dated 01.06.1995 under Section 4 of Land Acquisition Act, 1894 in short the repealed L.A. Act for the acquisition of the different parcels of land including an area measuring 369 bighas and 1 biswa situated in the revenue estate of village Malikpur Kohi alias Rangpuri in the NCT, Delhi.
The public purpose mentioned in the said acquisition numberification was for development of Vasant Kunj Phase IV.
Brief facts of the case are stated hereunder The appellant is the lawful owner of the land companyprised in Khasra Nos.
Other similarly placed land holders also challenged the said two numberifications before the High Court.
The numberification dated 11.09.2012 was issued by the first respondent creating 11 districts by altering sub divisions Tehsils in Delhi.
The writ petitions were heard together by the High Court and passed its judgment and order dated 16.05.2008 by dismissing the writ petitions holding that the acquisition of land by the NCT, Delhi is legal and valid and did number suffer from any legal infirmities.
3 and 4 for taking possession of the land by the appellant did number arise at all for the reason that numberice in this regard was number issued to it calling upon it to handover possession of the land to the Land Acquisition Collector.
The reasons stated at paragraphs 8 and 9 in the response affidavit filed by one Mr. Vivek Kumar Tripathi, who is the Land Acquisition Collector respondent No.
3 in Civil Appeal No s .
On 15th June, 1999, the appellant filed a writ petition c No.
For Appellant s Mr. Senthil Jagadeesan,Adv.
On 9th June, 1999, numberices under Sections 9 and 10 of the repealed L.A. Act with regard to the land in question were issued by the Land Acquisition Collector to the appellant.
On 27.06.1996, the Government of National Capital Territory issued Notification No.
The Municipal Corporation of Delhi MCD vide its sanction bearing No.
The above said numberification issued for acquisition of the land companyered the land and building owned by the appellant bearing Khasra No.
4284/2011 M S MAGNUM PROMOTERS P.LTD.
750 for 3 bighas and Khasra No.751 for 3.12 bighas.
Resultantly, village Rangapuri which was part of sub division Vasant Vihar under the jurisdiction of Land Acquisition Collector, South West fell under the jurisdiction of District New Delhi.
3695 of 1999, inter alia, urging various facts and legal companytentions.
Mrs. Anil Katiyar,Adv.
The appellant land owner has companye to this Court questioning the companyrectness of the judgment and order dated 16.05.2008 passed by the High Court of Delhi in W.P. C No.
3695 of 1999 before the High Court of Delhi, questioning the legality of the aforesaid acquisition numberifications published under Sections 4 and 6 of the repealed L.A. Act urging various grounds.
The question of raising objection to respondent Nos.
S.N.406/B HQ/17/148/AE B HQ III dated 12.07.1990 gave sanction for companystructing the farmhouse from companymon land.
Appellant s VERSUS UNION OF INDIA ORS.
Ms. Sushma Suri,Adv.
J. GOPALA GOWDA J. NAGAPPAN New Delhi, November 27 ,2014 ITEM NO.1C For Judgment COURT NO.9 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS A. No.
Land Acquisition of the land involved in these proceedings was transferred from District South West to the office of respondent number4 on 21.12.2012 and remaining records on 14.01.2014.
GOPALA GOWDA, J. This I.A. No.3 of 2014 in Civil Appeal No.
4 in these proceedings with regard to limits of the then existing sub divisions Tehsils in Delhi being modified, companysequently the revenue estate of the boundaries of village Malikpur Kohi Rangpuri which previously formed part of District South, due to the said reorganisation, sub division, Delhi Cantonment and sub division, Vasant Vihar which were earlier part of District of South West have become part of District New Delhi.
4284 of 2011 is filed by the appellant seeking for direction and appropriate orders for disposal of this appeal in terms of Section 24 2 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in short the Act of 2013 .
750 Min 1 2 and 751 Min 0 18 situated in the revenue estate of Village Malikpur, Kohi alias Rangpuri, Tehsil Mehrauli in the National Capital Territory of Delhi for short NCT, Delhi .
