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2004 Supreme(Del) 286

High Court Of Delhi
SANDEEP KAKKAR - Appellant
Versus
UNION OF INDIA - Respondent
W.P.(C.) 4476 of 1998
Decided On : 04/16/2004

Advocates Appeared:
P.N.LEKHI, Subhash Mittal

Headnote:Property – acquisition – Article 226 of Constitution of India and Sections 4 and 6 of Land Acquisition Act, 1894 – petition for declaration that notification issued under Section 4 and map enclosed with said notification does not cover petitioners land – Delhi Administration in 1959 issued notification under Section 4 in which area under compulsory acquisition specified in map annexed to such notification – petitioners land excluded in said map – matter regarding regularisation of such land considered by Government – petition allowed as petitioners land was not covered by such notification issued under Section 4.

A. K. SIKRI, J

( 1 ) IN this writ petition filed by the petitioners under Article 226 of the Constitution of India, following prayers are made:

" It is, therefore, most respectfully prayed that Your Lordships may be graciously pleased to issue a Writ of Mandamus, Prohibition and Certiorari or any other appropriate writ, Order or Directions to respondents, in the nature of :- a. I DECLARATION that the Notification No. F. 15 (III)/59-LSG dated 13. 11. 1959 issued u/s 4 of the Land Acquisition Act and the Map enclosed with the said notification does not cover and does not relate to petitioners land comprising of Khasra Nos. 3984/2500/1934/1, measuring 2 Bighas 15 Biswas, situated in the Revenue Estate of Village Basai Darpur, Tehsil Patel Nagar, West District, New Delhi, corresponding to Municipal Property Nos. WZ-90, WZ-92a, WZ-92b and WZ-92c Raja Garden, facing Ring Road, New Delhi 110/015 owned and possessed by petitioners, and all notifications, declaration and notices including Corrigendum and Award No. 33-B/85-86 of Village Basai Darapur allegedly made on 9. 10. 1985 by Respondent No. 3 on the basis of said instruments are null and void, suffer from unconstitutionality, legal malafide and abuse and excess of authority and power, apart from, being violative of Article 14 and 300-A of the Constitution of India. II. FURTHER DECLARE that the acquisition proceedings in respect of land of the Petitioners is/are void ab-initio, of no legal effect being a fraud on the Land Acquisition Act and the Constitution. III. AND FURTHER DECLARE in the alternative, that the Municipal Corporation of Delhi Respondent No. 5 having approved and regularised Raja Garden unauthorised portion on Ring Road by a Resolution No. 3011/stg. dated 25. 1. 1983 in pursuance of Govt. of India Respondent No. 1 Policy Decision made and announced on 16. 2. 1977 and thereafter building plans having been sanctioned and approved by MCD and Buildings having been constructed the appropriate Government has withdrawn from acquisition proceedings in respect of the said land of the Petitioners. B. To issue order, directions or writ in the nature writ of:- i) CERTIORARI to quash and set aside entire acquisition proceedings qua the land of the petitioners particularly set aside notification No. F. 15 (III)/59-LSG dated 13. 11. 1959 issued under Section 4 and Declaration issued under section 6 bearing notification No. F. 4 (35)/65-Landh dated 28. 1. 1966 and Corrigendum Notification No. F. 4 (35)/65-Landh dated 20. 03. 1967 and alleged Award No. 33-B/85-96 of Village Basai Darapur allegedly made on 9. 10. 1985 by Respondent No. 3 being illegal, malafide and unconstitutional in respect of the land subject matter of the writ petition. ii) MANDAMUS directing to the respondents not to act contrary to law and to restrain them from disturbing peaceful possession and enjoyment of their immovable properties standing on the subject land. iii) CALL for the entire records of acquisition proceedings from the offices of the concerned Respondents belonging to petitioners as well as other similar cases where denotifications have been issued by the Respondents as detailed in the writ petition and after examination of the records to quash the entire acquisition proceedings. iv) Any other, order, direction, writ, declaration as this Hon ble Court may in the circumstances of the case consider fit and proper be also granted. v) Cost of this Petition is also prayed. "

( 2 ) AS would be clear from the aforesaid prayers, primary contention raised in the writ petition is that Notification Dated 13th November, 1959 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act ) did not cover the land of the petitioners comprising Khasra Nos. 3984/2500/1934/1, measuring 2 Bighas 15 Biswas, situate in the revenue estate of village Basai Darapur, Tehsil Patel Nagar, West District, New Delhi, corresponding to Municipal Property Nos. WZ-90, WZ-92a, WZ-92b and WZ-92c Raja Gard











































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