High Court Of Delhi
CHATRO DEVI - Appellant
Versus
UNION OF INDIA - Respondent
CIV.WRIT : 424 of 1987
Decided On : 03/03/2005
Natural Justice - Land Acquisition - Land Acquisition Act, 1984 - Section 5-A, Section 6 - Abhey Ram vs. Union of India (1997) 5 SCC 421, Delhi administration vs. Gurdip Singh Uban and Ors. (1999) 7 SCC 44, (2000) 7 SCC 296 - The court discussed the validity of the inquiry conducted under Section 5-A of the Land Acquisition Act, 1984 in respect of various villages and the principles of natural justice. The court also considered the validity of the Notifications issued under Section 4 and Section 6 of the Act, and the rights of landowners who filed objections under Section 5-A.
Fact of the Case:
The court analyzed the validity of the inquiry conducted under Section 5-A of the Land Acquisition Act, 1984 in respect of various villages and the principles of natural justice. It also considered the validity of the Notifications issued under Section 4 and Section 6 of the Act, and the rights of landowners who filed objections under Section 5-A.
Finding of the Court:
The court found that the inquiry conducted under Section 5-A of the Act in respect of certain villages was vitiated due to non-compliance with the principles of natural justice. It also held that the Notifications issued under Section 4 and Section 6 of the Act were valid and final. The court further concluded that landowners who filed objections under Section 5-A were entitled to the benefit of the court's reasoning in Balak Ram-III.
Issues: The court addressed the validity of the inquiry under Section 5-A of the Land Acquisition Act, 1984, the compliance with the principles of natural justice, the validity of Notifications issued under Section 4 and Section 6 of the Act, and the rights of landowners who filed objections under Section 5-A.
Ratio Decidendi: The court held that the inquiry conducted under Section 5-A of the Act in respect of certain villages was vitiated due to non-compliance with the principles of natural justice. It also concluded that landowners who filed objections under Section 5-A were entitled to the benefit of the court's reasoning in Balak Ram-III.
Final Decision: The court dismissed the cases where objections were not filed under Section 5-A of the Act and held that landowners who filed objections under Section 5-A were entitled to the benefit of the court's reasoning in Balak Ram-III.
( 1 ) I have had the benefit of going through the draft judgement prepared by my learned brother and am in respectful agreement with him on all issues, except one.
( 2 ) THE divergence of views is in respect of the question whether the inquiry conducted under Section 5-A of the Land Acquisition Act, 1984 (the Act) in respect of villages Chattarpur, Khanpur, Satbari, Tughlakabad, Deoli and Khirkee was in accordance with the principles of natural justice. A Division Bench of this Court in balak Ram vs. Union of India, 37 (1989) DLT 150 (hereinafter referred to as Balak ram-III) held that the inquiry conducted under Section 5-A of the Act in respect of these villages (and also village Tigri) was vitiated. I am of opinion that this view still holds the field. Since there is no case before us in respect of village Tigri, I am not making any comment about the inquiry held in respect of this village.
( 3 ) WITH respect to villages Shayoorpur, Khirkee, Maidan Garhi and Rajpur khurd, I agree with my learned brother, though for different reasons, that the inquiry under Section 5-A of the Act was valid.
( 4 ) AS regards the cases pertaining to village Neb Sarai, I agree with my learned brother that these cases have to be dismissed because the Petitioners in these cases did not file any objections under Section 5-A of the Act. Similarly, I agree that all cases, in respect of other villages also, where objections were not filed under section 5-A of the Act should all be dismissed.
( 5 ) THE primary reason for my respectful disagreement is the way I read and understand three important judgements extensively referred to by learned counsels for the parties, namely, Abhey Ram vs. Union of India, (1997) 5 SCC 421, Delhi administration vs. Gurdip Singh Uban and Ors. , (1999) 7 SCC 44 (hereinafter referred to as Uban-I) and Delhi Administration vs. Gurdip Singh Uban and Ors. , (2000) 7 SCC 296 (hereinafter referred to as Uban-II ). I am of the view that the validity or otherwise of the inquiry under Section 5-A of the Act in respect of the above six (or even seven) villages was not all in issue in either of these cases and so was not dealt with by the supreme Court. In fact, neither Abhey Ram nor Gurdip Singh Uban had filed objections under Section 5-A of the Act and so the question of examining the validity of the inquiry in respect of their objections could not even arise for consideration before the Supreme Court.
( 6 ) MOREOVER, another Division Bench of this Court in Hari Ram Kakkar vs. Union of India and ors, 2002 (61) DRJ 86 (DB) once again came to the same conclusion as in Balak Ram-III and held that the inquiry under Section 5-A of the act in respect of village Satbari (one of the above seven villages) was vitiated. I find no reason to take a view different from that expressed by two different Division benches of this Court in Balak Ram-III and Hari Ram Kakkar.
( 7 ) ON 5th November, 1980 and 25th November, 1980, the Respondents issued two Notifications under Section 4 of the Act seeking to acquire almost 50,000 bighas of land in 13 villages in Delhi. The Notification dated 5th November, 1980 pertained to villages Tughlakabad, Tigri, Deoli, Khanpur, Saidul Ajaib, Neb Sarai, hauz Rani and Khirkee. The Notification dated 25th November, 1980 pertained to villages Chhatarpur, Satbari, Maidan Garhi, Shayoorpur and Rajpur Khurd.
( 8 ) DECLARATIONS under Section 6 of the Act were made in respect of these lands on 27th May, 1985, 6th June, 1985, 7th June, 1985 and 26th June, 1985. Of course, the declarations were made after inviting objections under Section 5-A of the act.
( 9 ) A large number of writ petitions were filed in this Court challenging the validity of the Notifications issued under Section 4 of the Act. These writ petitions were dismissed by a Division Bench of this Court in Munni Lal vs. Union of India, ilr (1984) I Delhi 469. The decision rendered by the Division Bench in Munni Lal was not challenged by anybody a
REFERRED TO : Balak Ram vs. Union of India
Delhi Administration vs. Gurdip Singh Uban and Ors.
Delhi Administration vs. Gurdip Singh Uban and Ors.
Hari Ram Kakkar vs. Union of India and ors
Balak Ram Gupta vs. Union of India
Padma Sunder Rao vs. State of Tamil Nadu
Balbir Singh vs. Union of India and Ors.
Delhi Administration vs. Gurdip Singh Uban and Ors.
Delhi Administration vs. Gurdip Singh Uban and Ors.
Jayantilal Amrit Lal Shodhan vs. F.N. Rana and Ors.
Fagu Shaw vs. State of West Bengal
Gullapalli Nageshwar Rao vs. APSRTC
Gelatine Manufacturers Association of India vs. Modi Alkalies and Chemicals Ltd. and Anr.
Sam Hiring Co. vs. A.R. Bhujbal and Ors.
Shyam Nandan Prasad and Ors. vs. State of Bihar and Ors.
State of Mysore and Others vs. V.K. Kangan and Others
Union of India and Others vs. Mukesh Hans
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