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2009 Supreme(SC) 1578

DALVEER BHANDARI, HARJIT SINGH BEDI
Sita Ram Bhandar Society New Delhi – Appellant
Versus
Lt. Governor, Govt. of N. C. T. Delhi – Respondent


Advocates appeared:
For the Appellant :Sunil Gupta, Sr. Advocate, Sanjay Grover, K.V. Mohan and Mrs. Veena Bhatnagar, Advocates.
For the Respondents: Vishnu B. Saharya, (for M/s Saharya & Co.), S. Wasim A. Qadri, Vivek Singh, Mrs. Anil Katiyar,
D.S. Mahra (NP) and Ms. Binu Tamta (NP), Advocates.

Judgment :-

Harjit Singh Bedi, J.

1.1. These appeals are directed against the judgment of the Division Bench of the Delhi High Court dated 2nd September 1998 dismissing the writ petitions. The facts are as under:

2.2. On 13th November 1959, a Notification was issued by the Chief Commissioner of Delhi under 4 of the Land Acquisition Act (hereinafter called the "Act") notifying the Governments intention to acquire 34070 acres of land for the "Planned Development of Delhi". This notification had, within its ambit, agricultural land belonging to the appellant society, bearing Khasra No. 157 in Village Lado Sarai, Tehsil Mehrauli, Delhi measuring 8 Bighas and 11 Biswas or 8620 sq. yards equivalent to 1.8 acres. The appellant filed objections under Section 5A of the Act on the 10th December 1959 submitting that the land be exempted from the proposed acquisition. It pointed out that the appellant body was a registered trust and a religious body managing three temples in Pilani, Rajasthan and several gardens, water tanks etc. having religious significance. The objections raised were apparently found without merit whereafter the Chief Commissioner issued a declaration under Section 6 of the
































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