Dr. M. K. Sharma, J.

( 1 ). By this common judgment and order we propose to dispose of the two Letters Patent Appeals registered as LPA No. 150/1987, LPA No. 6/1988 as also Cross-Objections registered as C. M. 1017/1988. The aforesaid Letters Patent Appeals and the Cross-Objection arose out of the two writ petitions registered as Writ Petitions No. 776/1981 and 2174/1981 disposed of by learned Single Judge of this court on 2. 11. 1987.

( 2 ). Before delving into the merits of the contentions raised in these appeals it would be necessary to give some background facts giving rise to the writ petitions. In 1955 the Central Government issued an Ordinance called Delhi (Control of Building Operations) Ordinance which later on became an Act of Parliament with the same name. By the provisions of the aforesaid Act an authority called Delhi Development Provisional Authority was established for planned development of Delhi, which was later on formed as Delhi Development Authority on 30. 12. 1957. Shri N. N. Verma, who allegedly acquired certain lands through purchase in Village Tatarpur and Chaukhandi, Delhi submitted a layout plan for establishment of a Colony known as Shyama Prasad Mukherjee Park to the said authority and sought for sanction of the same. The said authority sanctioned the layout plan by a resolution of 9. 3. 1957. In the resolution the authority sanctioning the layout plan mentioned the area of the colony as 20 acres. Same area came also to be mentioned in the letter of sanction. It may however, be indicated that original sanction plan and the file relating thereto are now not traceable.

( 3 ). In 1959 the then Prime Minister of India directed the concerned authorities to freeze large tracts of land around Delhi to control and root out speculation in land sales within Delhi. On the instructions of the Central Government the Delhi Administration issued a notification of 13. 11. 1959 under Section 4 of the Land Acquisition Act for acquisition of over 34,000 acres of land within Delhi including the land belonging to Shri N. N. Verma. Subsequently a notification under section 6 of the Land Acquisition Act was also issued in respect of part of such land. The Central Government also took a policy decision that lands of the colonies whose layout plans were sanctioned and informations in regard to which were collected should be released from acquisition. A statement also came to be made by the Minister of the Ministry of Health and Works and Housing on March 10, 1960 on the floor of the House wherein he announced that Government had decided as a measure of meeting acute housing shortage in Delhi that the colonies of the areas, layout/building plans of which had been approved by Delhi Municipal Corporation of Delhi, Delhi Development Authority or any other competent local authority might be released from the purview of the Delhi Administration s notification dated 13. 11. 1959. The Minister also spelt out the names of 21 colonies which included the name of Shyama Prasad Mukherjee Park colony as well. In the said statement the area of Shyama Prasad Mukherjee Park colony was shown as 1,54,500 Sq. Yds. He further stated thus -

"we are also asking the Chief Commissioner, Delhi to expedite action to release the land of approved colonies from the purview of the notification in consultation with Delhi Municipal Corporation".

( 4 ). On 1. 7. 1960 the Delhi Administration issued a notification under Section 48 of the Land Acquisition Act for release of the land of 21 colonies mentioned in the said statement of the Minister in Parliament. Under the said notification 20 acres of land of Shyama Prasad Mukherjee Park Colony was released although in respect of 20 other colonies the entire land with slight variation was released. Number of representations were made seeking release of remaining acquired lands of Shyama Prasad Mukherjee Park.

( 5 ). It may be stated that notification under section 4 of the Land Acquisition Act was issued on 13. 1

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