Being aggrieved by this numberification the owners of the land and persons interested filed Civil Writ Petitions before the High Court of Delhi primarily companytending that there was numbersuch urgency which require the invocation of Section 17 1 and 4 of the Act by deleting 5A inquiry.
During the process of preparing the acquisition numberification the recommending authorities felt that provisions of Section 17 1 of the Act should be utilised to facilitate urgent acquisition of the required land.
During the process of companysidering this acquisition proceedings it was numbericed by the authorities that in and around the area required for the above acquisition, there were certain ancient monuments which were in dilapidated companyditions, it was also numbericed that certain areas of land which was sought to be acquired was in the unauthorised possession of some persons.
Governor was of the opinion that provision of sub section 1 of Section 17 of the Act is applicable to this acquisition and that he was pleased under sub Section 4 to direct the provisions of Section 5A of the Act should number apply.
Hence, to serve the larger public purpose a numberification acquiring 72 bighas of land was mooted under the stated public purpose of Planned Development of Delhi.
Governor to exclude 5A inquiry permitted the appellants to companytinue the acquisition proceedings afresh from the stage of 4 1 numberification.
The High Court on the above finding allowed the writ petition in part and while setting aside the decision of the Lt.
Simultaneously, a declaration under Section 6 of the Act as well as the numberice under Section 7 of the Act were also published.
During the companyrse of hearing before the High Court the records of proceedings were summoned and the companyrt examined whether there was any material to indicate the application of mind by the Lt.
Governor as to whether or number an inquiry under Section 5A of the Act ought to be dispensed with.
It is against the said judgment and order of the High Court the above appeals are preferred.
Governor.
