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2005 Supreme(SC) 1085

S.N.VARIAVA, TARUN CHATTERJEE
Mandir Shree Sitaramji Alias Shree Sitaram Bhandar – Appellant
Versus
Land Acquisition Collector – Respondent


Judgment

S.N. Variava, J.—Leave granted.

Heard parties.

2. This Appeal has been filed against the Judgment dated 21/22 August, 2003 passed by the High Court of Delhi.

3. Briefly stated the facts as follows:

On 13th November, 1959 a Notification under Section 4 of the Land Acquisition Act was issued for acquisition of app. 35,000 acres of land. The said acquisition was for “planned development of Delhi”. Amongst the lands, sought to be acquired, were Appellants’ land of app. 68 acres. Clause 2(d) of the said Notification exempted lands of “Religious Institutions”.

4. This acquisition was challenged by a number of parties including the Appellants. The Writ Petition filed by the Appellants was allowed by a Single Judge of the Delhi High Court on the ground that the Appellants were not heard in respect of their objections filed under Section 5A of the Land Acquisition Act. A Division Bench of the Delhi High Court allowed the Appeal and dismissed the Writ Petition. The Appeal filed by the Appellants in this Court was allowed by the Judgment reported in Shri Mandir Sita Ramji vs. Lt. Governor of Delhi & Ors. (1975) 1 SCR 597. This Court held that there had been no enquiry as to whether or not





















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