SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(SC) 1414

G.S.SINGHVI, V.GOPALA GOWDA, SHIVA KIRTI SINGH
Santosh Sharma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :Shyam Divan, Sr. Advocate, Dileep Tandon, Pankaj Sharma, Shailesh Madiyal, Advocates.
For the Respondents:P.P. Malhotra, ASG, Rachana Srivastava, Utakarsh Sharma, Vishnu B.Saharya, Viresh B. Saharya, Advocates.

ORDER :

1. Having failed to convince the Division Bench of the Delhi High Court to quash the acquisition of land bearing Khasra Nos. 409 and 410/1 situated at Village Malikpur Chhawani, the appellant has preferred this appeal.

2. The appellant's father Shri Raja Ram Sharma migrated from Pakistan in 1947. He participated in the auction held by the Rehabilitation Department on 6.6.1958 and purchased the plots of land in question.

3. By notification dated 20.7.1962 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), the Chief Commissioner of Delhi proposed the acquisition of various parcels of land of Malikpur Chhawani (total measuring 274 bighas 6 biswas) including Khasra No. 410 for a public purpose, namely, Planned Development of Delhi. The declaration made by the Chief Commissioner under Section 6 of the Act was published vide notification dated 20.9.1962.

4. Shri Raja Ram Sharma challenged the acquisition proceedings in CWP No. 581-D/1963, filed before the Delhi High Court. The same was allowed by the learned Single Judge vide order dated 16.12.1970, the operative portion of which reads as under:

    "The result is that both the impugned notifications under

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top