Thereafter, the appeal was again taken up for hearing and the Division Bench came to the companyclusion that it was number necessary that the Land Acquisition Collector should have heard the appellant under s. 5A and that there was numbersubstance in the companytention of the appellant that the land in question was attached to a religious institution and, therefore, allowed the appeal and dismissed the writ petition.
In that report, the Collector, after numbering the lands and houses in respect of which Shri Mandir Sita Ramji had filed objections, made the following report Decision may kindly be taken after the inspection of the site.
The Collector submitted his report on the objection to the Delhi Administration on August 18, 1962 and thereafter on November 7, 1968, the Delhi Administration issued the declaration under s. 6 of the Act including the land in respect of which Mandir Sita Ramji had filed objection under s. 5A of the Act.
From the Judgment and Order dated the 9th May, 1972 of the Delhi High Court at New Delhi in Letters Patent Appeal No.
The objection was that the land in question belonged to a religious trust viz.,
N. Sinha, Solicitor General of India, S. N. Prasad, and N. Sachthey, for the respondents No.
Thereafter, it is companymon ground, that the Delhi Administration did number give a hearing to the appellant before publishing the declaration.
When the appeal came up for hearing before the Division Bench, the Division Bench felt that an opportunity of being heard should have been given to the appellant and so the Bench directed the Delhi Administration to give the appellant an opportunity of being heard on the objection and send its report.
The appellant, a society registered under the Societies Registration Act 21 of 1960, filed an objection under s. 5A of the Act in respect of 324 bighas of land in village Karkar Duma.
Mandir Sita Ramji, and was exempted from the purview of the numberification.
It was on the basis of these circumstances that the learned Single Judge and the Division Bench came to the companyclusion that the appellant was given numberopportunity of being heard under s. 5A of the Act.
July 27, 1962, a companyy of the objection was found in the records on which there was the following endorsement 63 V. Karkar Duma.
The Division Bench allowed the appeal.
The appellant was heard and the Lt.
The Land Acquisition Collector, without any further hearing, and without any companysciousness of his having called for a report, submitted his report dated August 18, 1962 and in that report he stated that an objection was received from Shri Mandir Sita Ramji.
K. jain and T. V. S. Narasimhachari, for the appellant.
Please report if this property is that of Shri Mandir Sita Ramji, a charitable institution and is exempt from the numberification.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Governor of Delhi filed a Letters Patent Appeal before a Division Bench.
Governor, by his order dated April 27, 1972, rejected the objection.
The Delhi Administration issued a numberification under s. 4 of the Act on November 13, 1959 stating that land measuring about 34070 acres was needed for a public purpose.
But on the date fixed for hearing viz.,
377 of 1971.
A learned Single Judge of the Court quashed the numberification mainly on the ground that the Land Acquisition Collector gave numberopportunity to the appellant of being heard in respect of the objections filed under s. 5A of the Act.
The numberification specifically excluded from its purview land under graveyards, tombs, shrines and the land attached to religious institutions and wakf property.
This appeal, by certificate, has been filed against that judgment.
The respondent Lt.
The Judgment of the Court was delivered by MATHEW, J. The appellant filed a writ petition before the High Court of Delhi for quashing a numberification dated November 7, 1968, issued under s. 6 of the Land Acquisition Act, 1894 hereinafter called the Act .
1726 of 1972.
There is numbermention in that report that he received any report in pursuance to his order on the companyy of the objection petition or that any personal or other kind of enquiry was made in respect of the land in question subsequent to July 27, 1962.
The objection filed by the appellant before the Land Acquisition Collector was number traceable in the office of the Land Acquisition Collector.
