JUDGMENT

S.N. Variava, J.-This Appeal is against a portion of the Judgment dated 14th December 1995 (passed by a Full Bench of the Delhi High Court) whereunder Writ Petition 1543 of 1982, filed by the Respondents, has been allowed.

2. Briefly stated the facts are as follows :

Large tracts of land were acquired for the planned development of Delhi. A large number of Writ Petitions were filed challenging the acquisition. By the Judgment dated 14th December 1995 the acquisition proceedings were upheld. Appeals against this judgment have been dismissed by this Court. However in this judgment a few Writ Petitions, where the lands were evacuee properties, were allowed and the acquisition in respect of those lands was set aside on the following reasoning :

"Civil Writ Petition No. 783/81

In this Petition, the notification under Section 4 is dated 13th November, 1959 and declaration under Section 6 is dated 2nd January 1969. The award had been given on 17th January 1983. The land use prescribed in the Master Plan is zonal park and in the revised plan is District Park. In the original notification dated 13th November, 1959, it is mentioned that it would not cover the evacuee land. The petitione