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1975 Supreme(SC) 286

H.R.KHANNA, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER, A.C.GUPTA
Pt. Lila Ram: Birla Cotton Spinning And Weaving Mills – Appellant
Versus
Union Of India: Delhi Administration – Respondent


Advocates:
B.R.L.Iyengar, Hardayal Hardy, J.B.DADACHAN, K.P.GUPTA, L.N.Sinha, M.PRASAD YADAV, P.C.BHARTARI, S.N.PRASAD, S.P.NAIR, S.P.NAYAR

Judgement

KHANNA J. :- This judgment would dispose of civil appeals Nos. 35 and 989 of 1968 which have been filed on certificate against the common judgment of the Punjab High Court where by petitions under Article 226 of the Constitution filed by the appellants and others challenging the validity of the land acquisition proceedings were dismissed.

2. We may now set out the facts giving rise to appeal No. 35. On September 3, 1957 the Chief Commissioner of Delhi issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) in respect of the land measuring about 3.000 acres mentioned in the schedule attached to the notification. The material part of the notification reads as under.

"Whereas it appears to the Chief Commissioner of Delhi that land is likely to be required to be taken at the public expense for a public purpose namely for the execution of the Interim General Plan for the Greater Delhi, it is hereby notified that the land described in the Schedule below is likely to be required for the above purpose."

The notification was published in the Delhi Gazette on September 12, 1957. Large tracts of land belonging to the appellant and situate













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