Judgment

RANGANATHAN, J.:- In both these matters, notice was given to the respondent on a limited point: whether the Lt. Governor of Delhi is competent to issue a notification under S. 4(l), Land Acquisition Act, 1894 (the 1894 Act), to acquire lands "for the planned development of Delhi". That is the ground on which, inter alia, the petitioners unsuccessfully challenged before the High Court the validity of a notification dated 27-1-1984 issued by the Lt. Governor of Delhi (as the Head of the Delhi Administration) for the acquisition of about 3550 hectares of land situated in Delhi. We have, therefore, heard counsel on this limited question.

2. Section 4(l) of the 1894 Act, in so far as it is relevant, reads as follows :

"4(1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the official Gazette ............."

3. Section 3(ee) of the same Act defines "appropriate Government" as follows :

"In this Act, unless there is something repugnant in the subject or context -

............................

(ee) the expression "appropriate Government" means, in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other purposes, the State Government."

4. A reference should also be made, in this context, to notifications issued under Art. 23(l) of the Constitution by the Ministry of Home Affairs of the Government of India, on 19-8-1954, 1-11-1956 and 7-9-1966. The cumulative effect of these notifications is that the Lt. Governor of the Union Territory of Delhi is entitled to exercise the powers and discharge the functions of the Central Government under the provisions of the 1894 Act within the Union Territory of Delhi. There is no doubt, considering the provisions of the 1894 Act and the above notifications, that the Lt. Governor of Delhi was fully competent to issue the notification dated 27-1-1984.

5. The argument addressed on behalf of the petitioners, however, is that, after the enactment of the Delhi Development Act, 1957 (the 1957 Act), the provisions of the 1894 Act are no longer relevant in the present context. It is submitted that the expression "planned development of Delhi" can and does envisage the development of Delhi only in accordance with the provisions of the master Plan and the Zonal Plans drawn up under the 1957 Act. Under the said Act, the full responsibility of drawing up plans for the development of Delhi as well as executing the same in several phases is vested in the Central Government. Section 15 of the Act makes it clear that this takes in also the acquisition of lands for such planned development. It reads :

"S. 15 Compulsory acquisition of land -

(1) If in the opinion of the Central Government, any land is required for the purpose of development, or for any other purpose, under this Act, the Central Government may acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894).

(2) Where any land has been acquired by the Central Government, that Government may, after it has taken possession of the land, transfer the land to the Authority or any local authority for the purpose for which the land has been acquired on payment by the Authority or the local authority of the compensation awarded under that Act and of the charges incurred by the Government in connection with the acquisition."

6. It is argued that while the notifications under Art. 239 of the Constitution may have delegated the power of acquisition under the second part of S. 15(l) to the Lt. Governor, they do not affect the Central Governments jurisdiction under the first part to take a decision that certain lands are needed for the purposes of the Act. The argument that land acquisition in Delhi for planned development is the business of the Central Government is sought to be reinforced by reference to the Allocation of Busines