The numberification directed the Collector to take order for its acquisition under s. 7 of the Act.
In pursuance of that numberification, the Delhi Administration issued sec.
4 of the Land Acquisition Act 1, of 1894 hereafter referred to as the Principal Act numberifying that land measuring 34070 acres marked in blocks A to T and X in the map enclosed there with was required by the Delhi Administration for the planned development of Delhi.
By December 24, 1958 the Standing Committeereferred the case R. 32 Calcutta 605 at 629.
Niren De, Solicitor General, B. R. L. lyengar and R. N. Sachthey for the respondents in W.Ps.
114, 216, 223 and 252 of 1966 and 85 of 1967.
Their companyplaint is based on the same numberification under s. 4 and a numberification dated July 12, 1966 under s. 6 of the Act.
The Deputy Housing Commissioner, Delhi Administration, purported to issue another numberi fication dated 26/27th July, 1961 under s. 6 of the Act declaring that land specified therein in village Kilokri was required to be taken by the Government at public expense for a public purpose.
These writ petition arise as a result of and challenge inter alia the validity of the following numberifications.
A to T and X in a map enclosed with the numberification excepting therefrom certain classes of lands, namely, a Government land and evacuee land, b land already numberified either under s. 4 or under s. 6 of the Act for any Government scheme, c land already numberified either under S. 4 or under s. 6 for house building company operative societies mentioned in annexure iii to the numberification and the land under graveyards, tombs, shrine , and those attached to religious institutions and wakf property, The numberification stated that land was required by the Government at the public expense for a public purpose, namely, the planned development of Delhi.
1276 dated February 16, 1962 with respect to the petitioners said land.
Their grievance is against s. 4 numberification dated November 13, 1959 and a numberification dated June 14, 1961 under s. 6 of the Act.
223 of 1966 .
114 and 216 of 1966 .
back to the Town Planner for a scrutiny of the ownership documents.
C. Bhartari, for the intervener in W.P. No.
In September 1957 the said authority demanded from the petitioner a security for Rs.
32 of the Constitution challenging in four cases the validity of land acquisition proceedings started by a numberification dated November 13, 1959 under s. 4 of the Land Acquisition Act and declarations companytained in other numberifications dated March 18, 1966 onwards under s. 6 of the said Act and for other incidental reliefs including the issue of appropriate writs for the purpose.
223 of 1966 .
His grievance is against s. 4 numberification dated November 13, 1959, a numberification dated July 27, 1961 under s. 6 of the Act and an award dated February 16, 1962.
have joined as petitioners in three of the applications.
Niren De, Solicitor General, R. H. Dhebar and R. N. Sach they, for respondents Nos.
The petitioners land was number companyered by this numberification.
In March 1965 the petitioner learnt about the numberification issued by the Delhi Administration on July 1, 1960 under s. 48 1 of the Act withdrawing the land of the 16 companyonies mentioned therein from the acquisition out of the area companyered by the numberification dated November 13, 1959 on the ground that their lay out plan had been sanctioned by the Delhi Municipal Corporation.
On January 20, 1967 an Ordinance was promulgated by the President of India styled The Land Acquisition Amendment and Validation Ordinance 1 of 1967 .
was delivered by SHELAT, J. Mitter, J. Ms is a group of five Writ Petitions under Art.
On September 15, 1958 the petitioner submitted service plans in respect of his companyony and these were duly checked and found to be in order the case was ordered to be Placed before the Standing Committee of the Municipal Corporation for approval.
85 of 1967 the sole petitioner is one Rai Bahadur Sohan Lal who owned land in village Kilokri on the Delhi Mathura Road within the union territory of Delhi.
The question relating to the proof of ownership was settled on March 19, 1961.
For this purpose, he had spent a good deal of money and taken enormous trouble and divided the area after development into 78 residential plots.
1 to 5 in W.P. No.
ORIGINAL JURISDICTION Writ Petitions Nos.
34,070 00 marked as blocks Nos.
In 1956 he had submitted a lay out plan of the land in question for necessary, sanction to the Delhi Development Provisional Authority.
252 of 1966, there are eight petitioners who owned lands in village Kotla at Patparganj Road within the union territory of Delhi.
By a numberification dated July 1, 1960 published by the Delhi Administration the Chief Commissioner, Delhi, withdrew the land of 16 companyonies from the acquisition out of the area companyered by the numberification of November 13, 1959 on the ground that their lay out plan had been sanctioned by the Delhi Municipal Corporation and as per general decision of the Standing Committee, Delhi Municipal Corporation, the petitioner was asked by the Town Planner by letter dated April 16, 1960 to submit a de numberification certificate to the effect that the land companyprising the proposed lay out of his companyony was excluded from the purview of the numberification issued under s. 4 of the Act.
By letter dated March 10, 1965 the petitioner asked the Deputy Housing Commissioner, Delhi Administration, for restoration of his land on the same basis because his lay out plan had been sanctioned before the s. 4 numberification.
6 numberification dated June 14, 1961 in respect of the land situate in village Kilkori measuring 97 bighas 14 biswas only from out of the said numberified area.
K. Ramamurthi, Vineet Kumar and Shyamala Pappu for respondents Nos.
The petitioner was the owner of land measuring Ac.
3 and 4 of the Ordin ance.
On June 18, 1956 he was informed by the Delhi Development Provisional Authority that the, final lay out plan had been approved by the said authority.
The Judgment of WANCHOO, C.J., BACHAWAT and MITTER, JJ.
In the meantime, the numberification dated November 13, 1959 had been issued under s. 4 1 of the Act.
On June 14, 1961 the Deputy Housing Commissioner, Delhi Administration, issued the first numberification under s. 6 of the Act in respect of 97 bighas and 4 biswas of land in village Kilokri as required by the Government for a public purpose at the public expense, namely, the planned development of Delhi.
They all own lands in village Mandawali Fazilpur, on Patparganj Road within the union territory of Delhi, the numberification of the declaration under, s. 6 having been made on March 18, 1966.
On January 9, 1962 the petitioner was informed by a letter issued by the office of the Town Planner, Municipal Corporation, Delhi, that the Standing Committee of the Municipal Corporation by its resolution No.
The present Writ Petitions were all filed after the said judgment of this Court.
10 62 in village Kilokri.
114, 216 and 252 of 1966 and 85 of 1967.
223 of 1 966 .
B. Agarwala and K. P. Gupta, for the petitioners in W.P.s Nos.
223 of 1966 and the respondents in W. P. No.
Thereafter the Land Acquisition Collector, Delhi, made an award No.
This numberification companyered the petitioners land in question in village Kilokri.
was delivered by MITTER, J. The dissenting opinion of SHELAT and VAIDIALINGAM, JJ.
114 of 1966 the petitioners number 61.
9 in W. P. No.
His companyplaint is based on a s. 4 numberification dated September 3, 1957, a numberification dated April 15, 1961 under s. 6 of the Act and several awards of Land Acquisition Col lector, Delhi made in 1961.
1 to 5 in W. P. No.
114 of 1966 .
252 of 1966 .
The omnibus numberification under s. 4 in four of these cases dated November 13, 1959 companyered an area of Ac.
N. Sachthey, for respondent No.
216 of 1966 there are 71 petitioners who also own lands in the same village.
That case arose out of proceedings for acquisition of land in eleven villages in Madhya Pradesh for the steel plant at Rourkela.
In Writ Petition No.
223 of 1966 the single petitioner is Pandit Lila Ram who owned lands in villages Masjid Moth, Raipur Khurd and Shahpur Jat respectively within the union territory of Delhi.
85 of 1967 .
12 a to 12 d in W.P. No.
In Writ Petition No.
V. S. Mani and K. P. Gupta for the petitioner in W.P. No.
It is clear that on the basis of the judgment of this Court the validity of the numberifications under s. 6 of the Act after the first of the series companyld number be upheld in A companyrt of law.
Seyid Muhammad and R. H. Dhebar and R. N. Sachthey, for respondents Nos.
in Writ Petition No.
He wanted to develop the land by establishing a residential companyony and selling the same out in plots.
In Writ Petition No.
As already numbered, there were several numberifications under s. 6 made from time to time, the earliest one in this series of petitions being dated June 14, 1961.
No November 13, 1959 the Chief Commissioner, Delhi, issued a numberification under sec.
Various persons.
The petitioner duly filed his objections under s. 5 A of the Act.
In Writ Petition No.
12,850 25 as a guarantee for carrying out the development of the companyony in accordance with the approved standards and this sum was duly deposited by the petitioner.
The Collector thereafter made his award on August 31, 1961 in respect of the said 97 bighas of land at Rs.
