Judgement

MATHEW, J.:- The appellant filed a writ petition before the High Court of Delhi for quashing a notification dated November 7, 1968, issued under S.6 of the Land Acquisition Act, 1894 (hereinafter called the `Act ). A learned Single Judge of the Court quashed the notification mainly on the ground that the Land Acquisition Collector gave no opportunity to the appellant of being heard in respect of the objections filed under S.5A of the Act. The respondent (Lt. Governor of Delhi) filed a letters patent appeal before a Division Bench. The division Bench allowed the appeal. This appeals by certificate, has been filed against that judgment.

2. The Delhi Administration issued a notification under Section 4 of the Act on November 13, 1959 stating that land measuring about 34070 acres was needed for a public purpose. The notification specifically excluded from its purview "land under graveyards, tombs, shrines and the land attached to religious institutions and wakf property". The appellant, a society registered under the Societies Registration Act 21 of 1960 filed an objection under S.5A of the Act in respect of 324 bighas of land in village Karkar Duma. The objection was that the