K. N. WANCHOO, M. HIDAYATULLAH, J. C. SHAH
Dalchand – Appellant
Versus
Delhi Improvement Trust (New Delhi Development Authority) , New Delhi – Respondent
Judgment
SHAH, J. : By a notification issued on March 2, 1937, under S. 7 of the Delhi Laws Act 13 of 1912 the Government of India extended, subject to certain modifications, the United Provinces Town Improvement Act 8 of 1919 to the territory of Delhi, and thereafter set up an Improvement Trust under the Act for that territory. The Trust prepared an industrial development scheme with the object of relieving congestion by inducing a flow of population from the crowded parts of the town of Delhi to certain other areas. Under the scheme land in those areas was to be developed and after construction of roads, storm water drains, street-lighting, refuse and sewage disposal works, schools. parks, playgrounds, dispensaries, welfare centres and police-station a part of the land was to be allotted to industrial concerns for construction of industrial buildings and the rest for construction of residential and other buildings.
2. The scheme was sanctioned under S. 42 of the Act by the Government of India, and was duly promulgated. Thereafter the Trust resolved in June 1942 to make a supplementary scheme as the land covered by the original Scheme was inadequate. It appeared that the Trust had a
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