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2002 Supreme(Del) 1512

High Court Of Delhi
UNION OF INDIA - Appellant
Versus
PARSHADI - Respondent
L.P.A. 519 of 2001
Decided On : 09/26/2002

Advocates Appeared:
ARTI BANSAL, GITA LUTHRA, GITA MITTAL, JHUM JHUM SARKAR, MINAKSHI DOGRA, P.N.LEKHI, PINKY ANAND, R.C.Vats, R.K.CHAURASIA, SANJAY JAIN, Shobhna Takiar

Headnote:Land Acquisition - De-acquisition — Maintainability — Once the decision is held to be based on valid considerations and does not suffer from the vice of arbitrariness and actuated with mala fides, the petition claiming de-acquisition as a matter of right would not be maintainable.

       Held :

       In view of the aforesaid conclusive findings in respect of this very land, argument on National Housing Policy may not cut the ice. It is the same National Housing Policy which was discussed in the aforesaid judgment on which reliance was placed by the learned senior counsel for the respondents herein. There are also certain statements made thereafter that may not create an automatic right in favor of any land owner seeking de-acquisition of the land. It may be noted that reliance on PMs address in November, 1998 relating to a chunk of land tied up in litigation would be of no avail to the respondents herein when in the present case no litigation in respect of acquisition of the land was pending. The challenge having been rejected up to the highest level in judicial hierarchy. If the land has been acquired and more particularly when the said acquisition has been upheld by this Court and the Supreme Court as well. In such circumstance, it was entirely within the discretion of the Government to take a decision about de-acquisition, if at all Once the decision dated 6th July, 1999 is held to be based on valid considerations and does not suffer from the vices of arbitrariness and actuated with mala fides, the petition claiming de-acquisition as a matter of right would not be maintainable

       The writ petition filed by respondents was misconceived and devoid of any merit. Accordingly impugned judgment is set aside and writ petition dismissed.

       Land Acquisition Act, 1894 - Section 4 — Notification — Notification issued in the year 1964 related to 625 bighas and 12 bids was of land in village Kotla Mahigiran — Writ petition against Notification — Possession handed over to authorities — Single Judge held that to place the land at the disposal of the DDA a notification has to be issued in terms of Section 22 of the DDA Act and since no such notification had been published the land could not be put at the disposal of DDA — Court was not called upon to examine this issue — Court was to examine the validity of the decision taken by the successor Minister whereby he decided that de-acquisition of the land was not warranted — Predecessor minister recommended for de-notification of land — Fresh material placed before successor minister for reviewing the earlier decision — Decision of successor minister not actuated with malice — Not arbitrary — No interference is warranted — Writ petition filed by respondents herein was misconceived and devoid of any merit — Impugned judgment set aside and writ petition dismissed.

A. K. Sikri J.

( 1 ) THESE three appeals are filed by the Union of India the Delhi Development authority and the Government of National Capital Territory of Delhi respectively against the same judgment/order dated 1st August, 2001 rendered by the learned Single Judge in CWP No. 923/97 which was filed by the unofficial respondents herein.

( 2 ) THE unofficial respondents herein had filed the aforesaid writ petition herein direction was sought to the appellants herein (official respondents) to decide representations dated 4th November, 1996, 6th December, 1996 and 24th January, 1997 of the respondents for releasing from acquisition the lands situated in Village Okhla Mahigiran, Mehrauli. They also made a prayer to the effect that the appellants herein should be directed to implement the National housing Policy 1994 ( nhp-94 for short) as adopted by both the houses of Parliament. However, during the pendency of the writ petition, certain significant developments took place. A decision was taken by the then union Minister for Urban Development on 13th April, 1999 whereby it was decided to denotify the lands of the official respondents. Although a draft denotification was prepared, the same was not published in official gazette. In the meantime, another Union Minister succeeded and he reversed the earlier noting on 6th July, 1999 taking the decision that the land in question was not required to be denotified. By reason of the impugned judgment, the learned single Judge has, inter alia, held that the subsequent noting dated 16th July, 1999 reversing the earlier noting dated 13th April, 1999 was not valid and quashed the same. Various other incidental issues are decided in the process leading to this noting.

( 3 ) IN order to appreciate the controversy involved, in the first instance it would be appropriate to take stock of the relevant facts.

( 4 ) ON 9th April, 1964 the Government issued a notification under Section 4 of the Land Acquisition Act which was followed by declaration dated 17th december, 1966 issued under Section 6 of the Land Acquisition Act relating to 625 bighas-and 12 biswas of land in village Kotla Mahigiran. These notifications requiring the aforesaid land come to be challenged in this court. CWP no. 325/82 entitled Ramphal v. Union of India and Ors. was filed for this purpose. This Court admitted the writ petition and granted the stay in the matter. However, thereafter various orders were passed from time to time vacating the stay and directing handing over possession of the various lands to the authorities. On 19th September, 1986 Award No. 205/86-87 was published in re- spect of the lands in question. Certain other interim orders on various dates were also passed in CWP No. 325/82 including order dated 6th March, 1990 restraining petitioners in the said writ petition from raising constructions on the land. We shall revert to these orders in detail at the appropriate stage. After the award, the Delhi Development Authority (DDA) deposited a total sum of Rs. 77,44,559/- being compensation in terms of the aforesaid award on 6th April, 1987.

( 5 ) WHILE the aforesaid writ petition was pending. Sh. Moti Goyal, as General power of Attorney (GPA) of the land owners whose land was the subject matter of the acquisition proceedings, made a representation dated 21st May, 1994 requesting the authorities to withdraw from acquisition of the aforesaid land in village Kotla Mahigiran. As he did not hear anything in the matter, yet another representation dated 28th November, 1994 was made to the same effect. On these representations, the Commissioner (Land and Projects), DDA submitted his report dated 12th May, 1995 inter alia stating that on account of the stay order of this Court possession of land of 492 bighas 2 biswas had not been taken over till date. It was also mentioned in the said report that the land in question was part of DDA s residential scheme known as Saraswati Vihar and Jasola and situate on the cast of Mathur





































































































































































































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