Judgment

NATARAJAN, J. : - Against a common judgment rendered by the High Court of Delhi in Letters Patent Appeals Nos. 44 and 45 of 1969 there were two appeals by special leave to this Court being Civil Appeals Nos. 2024 and 2025 of 1970. While Civil Appeal No. 2025 has been dismissed as withdrawn by the appellants viz. Union of India and Ors., this appeal directed against the judgment in Letters Patent Appeal No. 44 of 1969 alone comes up for consideration on merits.

2. The Chief Commissioner, Delhi issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter the Act) on 13-11-1959 for acquiring a large extent of land measuring 34,070 acres of land in and around Delhi for a public purpose, namely, planned development of Delhi. This notification had specifically excluded evacuee land. By reason of this exclusion, the lands of one K. K. Chopra, whose legal representatives are the respondents herein, the land of one Maya Devi Chopra and the lands of some other similarly placed like them came to be excluded from the extent of land notified for acquisition. It is relevant to mention here that K. K. Chopra and Maya Devi Chopra (the respondent in Civil Appeal No