364/21.
The master plan of Delhi was brought into force in September 1962 giving the details of the facts and circumstances under which it became imperative to have a development plan of the city of Delhi.
The said numberification companyered the land belonging to the transfer petitioners, appellants and some other persons.
Various numberifications were issued from time to time under Section 4 of the Land Acquisition Act, 1894 for acquisition of land for the public purpose of planneddevelopment of Delhi.
after issuance of numberices under Section 9 and 10 of the Act a spate of writ petitions were filed challenging the acquisition proceedings on various grounds whose lands were sought to be acquired, most of which were dismissed including the Letters Patent Appeal by the High Court by an earlier judgment dated April 29,1972 vide I.L.R. 1971 The said judgment was challenged in appeal before this Court which was also dismissed by judgment dated August 23, 1974 by a Constitution Bench of this Court which is reported in 1975 1 SCR 8O2 AIR 1974 SC 2077 Aflatoon Ors.
These writ petitions were pending in the High Court.
The facts in brief leading to the transfer cases and the appeals may he narrated thus Various numberifications under Section 4 of the Land Acquisition Act hereinafter referred to as the Act were issued from time to time between 1959 and 1965 for the acquisition of several thousand acres of land for the companymon, public project, namely, planned development of Delhi.
As said earlier besides the aforementioned transfer cases large number of writ petitions filled by various persons were already pending before the High Court of Delhi challenging the acquisition of their respective lands for the public purpose of planned development of Delhi which were dismissed by a full Bench of the High Court of Delhi by the impugned companymon judgment dated December 14, 1995 against which the appeals referred to above have been filed by special leave.
810 812/1984 challening the acquisition of their respective lands on various grounds.
The said write petition were dismissed by a Full Bench of the Delhi High Court by judgment dated December 14, 1995 against which these appeals have been preferred by special leave.
21, 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 of 1995.
2395, 2397, 2399, 2400, 2401, 2421, 394, 484, 305, 430 432, 1026, 1084, 2403, 740, 744, 2439, 2440, 1212, 802, 2608, 2669, 2601, 2815, 3434, 3611 3613, 3964, 5563, 5344, 4463, 4465, 4243, 5398, 4161, 4181.
The appellants of the civil writ petition No.
2179, 2178, 2140, 2139, 2197, 2083, 2138, 2144, 2199/1983 and civil writ petitions No.
Before the High Court a number of companytroversies and objections were raised and the acquisition proceedings were sought to be challenged on various grounds including challenge to the validity of the declarations made from time to time under Section 6 of the Act using the numberification issued under Section 4 of the Act as the reservoir and that more than one declarations under Section 6 of the Act were issued which according to the transfer petitioners and the appellants were number permissible.
Ltd. Governor of Delhi, in which amongst others the companytentions before this Court were raised that 1 the public purpose specified in the numberification under Section 4 of the Act was vague as neither master plan number zonal plan was in existence on the date of numberification 2 that there was inordinate delay in finalising the acquisition proceedings by reason of which the land owners were deprived of the benefits of the appreciation of price between the date of numberification under Section 4 and the date of taking possession of the property 3 that provisions of Section 23 of the Act laying down that the companypensation should be determined with reference to the market value of the land as on the date of numberification under Section 4 of the Act was unreasonable restriction and affecting the fundamental rights of the land owners.
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31/1995 Nos.13961 14029/96 With Civil Appeals arising out of SLP C Nos.
4677/1985 pending before this Court it was felt necessary to transter all the aforesaid writ petitions from Delhi High Court to this Court.
1264, 1270, 2523, 2527, 2528, 3968, 3969, 4344, 5738, 5749, 5781, 5911, 5914, 5916, 5771, 6060, 6061, 6064, 6066, 5567, 7908, 6362, 7700, 8012, 8018, 8019, 8026, 8027, 8036, 7889 7875/1996.
With transferred cases No.
Consequently on the basis of Interlocutory Applications No.
4677/1985 this companyrt by order dated December 14, 1994 directed that all the aforementioned writ petitions be transferred to this companyrt.
The transfer petitioners like others had also filed writ petitions in the High Court of Delhi being writ petitions No.
20 and 21 of 1995 in W.P. C No.
SLP C No.21671/96 CC 1607/96 J U D G M E N T Faizan Uddin, J. Leave granted, 1 .The appellants in the appeals enumerateted herein above had challenged the acquisition proceedings in respect of their respective lands acquired under he Land Acquisition Act, 1894 for purposes of planed development of Delhi by filing various writ phitions before the High Court of Delhi.
This is how those writ petitions stand transferred to this companyrt which have been registered as transfer cases Nos.
264/21 into khasra No.364/21 as in the gazette numberification the land numberified was khasra No.264/21 and number khasra No.
