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2004 Supreme(SC) 811

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
OM PRAKASH (DEAD) BY LRS. – Appellant
Versus
UNION OF INDIA – Respondent


judgment

B.N. SRIKRISHNA, J.- Leave granted in the special leave petitions.

2. These appeals are directed against the judgment of the High Court of Delhi in appeals filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for determining the compensation payable for certain lands acquired under the provisions of the Act.

3. Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto. Under the provisions of Sections 22 and 23 of the Delhi Land Reforms Act, 1954 there were certain restrictions on land usage due to which the lands could only be used for agriculture, horticulture, animal husbandry and allied uses. In the master plan the lands were shown in the green belt. By a notification dated 8-12-1982, issued by the Government of India, Ministry of Works and Housing, the Central Government in exercise of its power under sub-section (2) of Section ll-A modified the master plan for Delhi. The modifications made were as under:

"(i) The land use of an area measuring 21.043 hectares (52 acres) located near Narela town and situated on the





















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