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2007 Supreme(SC) 431

SUPREME COURT OF INDIA
B.P. SINGH & ALTAMAS KABIR
Ravi Khullar and anotherPETITIONER
versus
Union of India and othersRESPONDENT
Appeal (civil) 1704 of 2007
Decided on 30/03/2007
(Arising out of SLP) No.6093 of 2003)
WITH
CIVIL APPEAL NO 1707 2007
(Arising out of SLP) No.6095 of 2003)
M/s. Palam PotteriesAppellant
Versus
Union of India and othersRespondents
WITH
CIVIL APPEAL NO 1705 2007
(Arising out of SLP) No.6384 of 2003)
Hari Chand and anotherAppellants
Versus
Union of India and othersRespondents
WITH
CIVIL APPEAL NO 1706 2007
(Arising out of SLP) No.8574 of 2003)
Punjab PotteriesAppellant
Versus
Union of India and othersRespondents

JUDGMENT

B.P. SINGH, J.

Special leave granted.

In the appeals arising out of SLP (C) Nos. 6093 of 2003; 6095 of 2003 and 6384 of 2003 the appellants have impugned the common judgment and order of the High Court of Delhi dated February 13, 2003 disposing of Civil Writ Petition Nos. 2672 of 1996 ; 1851 of 1986 and 2003 of 1986.

In the appeal arising out SLP ) No. 8574 of 2003, M/s. Punjab Potteries has assailed the judgment and order of the High Court of Delhi in C.W.P. No.2168 of 2003 dated 26th March, 2003. The High Court dismissed all the writ petitions preferred by the appellants herein.

A few broad facts may be noticed at the threshold to appreciate the contentions urged on behalf of the parties in these appeals.

A Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued by the Lieutenant Governor of Delhi on January 23, 1965 for acquisition of lands measuring 6241 bighas 12 biswas in village Mahipalpur which was required for a public purpose, namely - Planned Development of Delhi. A declaration under Section 6 of the Act relating to 4759 bighas 1 biswa was made on December 12, 1966 and another

declaration relating to 1459 bighas 18 biswas was made on December 26, 1968. Another Notification under Section 4 of the Act was published on December 3, 1971 for acquisition of land in Village Nangal Dewat for a public purpose, namely - Development of Palam Airport. A declaration under Section 6 of the Act was made with respect to the said lands on July 16, 1972.

The case of the appellants is that the matter remained pending for a considerable period and it appears from various documents which have been brought on record that the lands acquired were really for the benefit of the International Airport Authority of India (IAAI).

Reliance is placed on a Resolution dated September 10, 1981 of the Delhi Development Authority regarding change of land user from "Green Belt and Agriculture Cultivable Land" to "Circulation Airport". The Resolution recites that the Delhi Development Authority had approved the change of land user so that the land could be utilized for the purpose of development of the Palam Airport. This was subject to the condition that the IAAI prepared a detailed plan which should include the proposal for rehabilitation/resettlement of the villagers to be affected by the proposed expansion of the Airport, and the plan be discussed with the Municipal Corporation of Delhi and the Delhi Electric Supply Undertaking. It also appears from the record that the notice issued under Section 9(1) of the Act on June 22, 1983 was challenged in several writ petitions filed before the High Court in which an interim order was passed directing maintenance of status quo with regard to possession of the lands but permitted the acquisition proceeding to continue. Reliance has been placed on the correspondence exchanged between the various statutory authorities to indicate that it was really for the purpose of IAAI that the lands were being utilised. The letter of the Land Acquisition Officer dated July 1, 1986 indicates that IAAI had supplied details of khasra numbers to be acquired for the expansion of the Delhi Airport which had been discussed. A statement enclosed with the aforesaid communication showed that the lands to be acquired were in villages Mahipalpur, Nangal Dewat and Nangal Dewat Village abadi measuring 69 bighas 11 biswas, which included some of the khasra numbers belonging to some of the appellants herein. A communication from the Secretary, Department of Civil Aviation, addressed to the Lieutenant Governor of Delhi dated September 15, 1986 emphasised the need to acquire immediately the industrial structures in the Mahipalpur and Nangal Dewat area in the overall interest of security and development of Delhi Airport. The IAAI was said to be willing to accept the suggestion for provision of land for land, provided alternative land was acquired by the Delhi


























































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