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2012 Supreme(SC) 247

H.L.GOKHALE, R.M.LODHA
Ram Dhari Jindal Memorial Trust – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Appearing Parties : Dhruv Mehta, A. Sharan, Sr. Advs., Arunneshwar Gupta Manish Raghave, Nikhil Singh, Shri Ram Krishna, Sumit Bansal, Ateev Mathur, Sanjay Gupta, Rajesh Goshwami (for Arun Kumar Beriwal), Vishnu B. Saharya (for M/s Saharya & Co.)
D.N. Goburdhan, Prabal Bagchi, Abhishek Aggarwal, Ms. Kartika Sharma, Parijat Sinha, Ms. Reshmi Rea Sinha, Anil Kumar Mishra, Vikram Ganguly, S.C. Ghosh, Ms. Parijat Sinha, Ms. Ms. S. Janani, M.A. Chinnassamy, Ms. Rachana Srivastave, Ms. V. Mohana, G. Sharma, Ms. Sushma Suri, Praveen Swarup, Ashwani Kumar, Sanjiv Sen, Sanjay Jain, Advocate.

Judgment :-

R.M. LODHA, J.

The judgment of the Delhi High Court dated July 9, 2007 is impugned in this appeal.

2. It is the case of the respondents that there was requirement of houses for nearly 8 lakh persons within the reach of common man in Delhi. To meet the shortage of housing accommodation, the Delhi Development Authority (DDA) sought requisition of the land for its scheme known as "Rohini Residential Scheme" (hereinafter referred to as "the Scheme"). The said Scheme was initially planned in three phases -Phases I, II, and III. The three phases in the Scheme were developed. Even then, the acute shortage of houses in the city of Delhi continued. Accordingly, the plan for development of Rohini Phases IV and V was formulated.

3. On the requisition of the DDA, on October 27, 1999, a Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was issued indicating that land stated therein was likely to be required by the Government of Delhi for the public purpose namely; Rohini Residential Scheme, Delhi. In the said Notification, it was also mentioned that Lt. Governor, Delhi was satisfied that provisions of sub-section (1) of Section 17 of the Act we




































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