ORDER

Leave granted.

We have heard the counsel on both sides.

Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act ) was published on November 6, 1958 acquiring the land for housing scheme. The same came to be challenged on the ground that the appellant had proposed to use the land for the district centre i.e., commercial purpose. The learned single Judge allowed the writ petition and quashed the notification holding that the property acquired was for housing scheme which cannot be used for commercial purpose, namely, District Centre. On appeal, the Division Bench of Delhi High Court in LPA No. 1 of 1977 by order dated February 6, 1984 confirmed the same. Thus this appeal by special leave.

2. It is contended for the respondents that since the acquisition is for housing scheme, the land cannot be used for commercial purpose, namely, District Centre. Therefore, the learned single Judge and the Division Bench have rightly disapproved the change of the user contrary to the purpose notified in Section 4(1) of the Land Acquisition Act. We find no force in the contention. It is conceded by the learned counsel that the construction of the District Centre for co