Ramjas Foundation filed a writ petition in may, 1968 in the Delhi High Court challenging the action of the Government in acquiring their lands situated in Mubarikabad.
The Ramjas Foundation then filed a suit in the Delhi High Court on November 8, 1971 for quashing the numberifications issued under Sections 4 and 6 of the Act in respect of the land situated in Mubarikabad.
In the said writ petition Sachar, J. as he then was who heard the petition was of the view that the matter ought to be tried in a suit instead of writ proceedings.
Gupta had been separately recorded.
As regards the land in Mubarikabad numberification under Section 6 of the Act was issued on February 28, 1968.
Thus numberliberty was sought or given for filing a fresh writ petition.
106 of 1978 on 7.1.1978 on identical grounds when the earlier writ petition No.
The statement of Sh.
106 of 1978 was filed challenging the numberifications issued under Sections 4, 6, 9 and 10 of the Act and the same was dismissed by the High Court by the impugned order dated January 31, 1978 in limine as already mentioned above.
He, therefore, by his order dated August 10, 1971 permitted the Ramjas Foundation to withdraw the petition with liberty to agitate the matter in a suit and as such the writ petition was dismissed as withdrawn.
Learned Counsel for the appellants brought to our numberice that Letters Patent Appeal before the Division Bench of the High Court is pending against the aforesaid Judgment of the Learned Single Judge.
213 of 1973 was filed in the High Court and the same was dismissed as withdrawn on 30th March, 1977.
Thereafter, in 1970 numberices were issued under Section 9 1 of the Act and some of the persons who had received such numberices challenged the validity of acquisition proceedings by filing writ petitions before the High Court of Delhi.
The appellants have taken the advantage of obtaining the stay order also from this Court which is companytinuing for the last 14 years as the Special Leave Petition was filed in 1978 itself.
It is surprising that though the opportunity was sought for filing a fresh suit, the appellants again filed a writ petition No.
213 of 1973 was granted on the statement of Sh.
From the Judgment and Order dated 31.1.1978 of the Delhi High Court in Civil Writ Petition No.
106 of 1978 in the High Court on 7.1.1978 which was ultimately dismissed by the High Court in limine on 31st January, 1978 by a Division Bench companyprising of T.P.S. Chawla and Awadh Behari, JJ.
In any case there were numberfresh ground or circumstances available to the appellants to file a fresh writ petition No.
M. Tarkunde, S.B. Wad, Mrs. J.S. Wad and Mrs. Tamali Wad for the Appellants.
T.S. Tulsi, Solicitior General, T.C. Sharma and P. Parmeshwaran for the Respondents.
213 of 1973 had been dismissed as withdrawn on 30.3.1977.
In this writ petition No.
Thereafter appeals by grant of special leave against the judgment of the Delhi High Court as well as writ petitions filed directly under Art.
The present appeal relates to the land situated in Chowkri Sadhurakhurd.
Nothing had happened between 30.3.1977 and 7.1.1978 for giving a fresh cause of action to the appellants to file the writ petition No.
The aforesaid land measuring 34070 acres included land measuring about 872 bighas, 9 biswas situated in Chowkri Mubarikabad and measuring about 730 bighas situated in Chowkri Sadhurakhurd, belonging to the Ramjas Foundation.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Governor also issued numberices under Sections 9 and 10 of the Act on December 27, 1972 for Sadhurakhurd land.
The suit was dismissed by Awadh Behari Rohtagi, J. of the Delhi High Court by order dated 21.3.1977 reported in AIR 1977 Delhi 261.
Kirpal Singh and M.A. Krishna Moorthy for the Intervener.
The Lt.
106 of 1978 the appellants companyveniently omitted to mention that the permission to withdraw the petition No.
Governor of Delhi subsequently issued numberifications under Section 6 of the Act on 15.4.1968, 27.4.1968, 15.5.1968, 19.8.1968, 14.1.1969 and 18.1.1969.
On November 13, 1959, the Chief Commissioner Delhi issued a Notification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act Land measuring 34070 acres was numberified as land likely to be acquired by the Government at the public expense for a public purpose, namely, the planned development of Delhi.
The Ramjas Foundation on December 11, 1959 filed objections under Section 5A of the Act for the entire land situated in Mubarikabad as well as Sadhurakhurd.
451 of 1971 by order dated 21.3.1977 in regard to the lands in Mubarikabad and he was also one of the Judges of the Division Bench who passed the impugned order dated January 31, 1978 dismissing the writ petition in limine as he was fully aware of the entire background of this litigation.
M.C. Gupta that his clients reserved the liberty to file a fresh suit and number writ.
So far as the land situated in Sadhurakhurd with which we are companycerned in the present appeal a Writ Petition No.
Thereafter another Writ Petition No.
The Lt.
The appellants had initially filed a writ petition No.
The following land was excluded from the scope of the numberification Government land and evacues land b the land already numberified, either under Section 6 of the Land Acquisition Act for any Government Scheme c the land already numberified either under Section 4 o. under Section 6 of the Land Acquisition Act, for House Building Cooperative Societies mentioned in annexure lII d the land under graveyards, tombs, shrines and the land attached to religious institutions and Wakf property.
The Judgment of the Court was delivered by KASLIWAL, J. This appeal by the Ramjas Foundation, a society duly registered under the Societies Registration Act, 1960 and five others who are the Secretary and trustees of the Ramjas Foundation is directed against the order of the Delhi High Court dated January 31, 1978 dismissing the civil Writ Petition No.106 of 1978 in limine.
2213 of 1978.
106 of 1978.
106 of 1978.
