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1995 Supreme(Del) 93

USHA MEHRA
SUDHIR CHAUDHARY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUN JAITLEY, H.S.PHOOLKA, S.K.MAHAJAN

Usha Mehra, J.

( 1 ) PETITIONER has challenged the notification under Section 4 read with Section 17 (1) of the Land Acquisition Act (in short the Act) issued by Delhi Administration dated 6th March, 1987, published in the Indian Express on 8th March,1987. Declaration was made on 10th March,1987 under Section 6 of the Act. The challenge to the said notification is primarily based on three grounds namely (1) lack of urgency, (ii) fraud on the power of appropriate Government and. lastely (iii) that the acquisition of the property by the respondent for official use is contrary to the approved use of the property i. e. residential.

( 2 ) BRIEF facts of the case are that this property bearing No. 11 Lancers Road, Delhi was acquired by the petitioner by means of gift from from his mother on 22nd May, 1963. The entire property was taken over on lease for five years by Delhi Administration on 6th January,1965. However, on 16th March, 1990 (sic.), the Administration informed the owner that property will be vacated as the same was not required any more. Instead of vacating the property as promised, the Administration issued show cause notice dated 6th September,1970 intimating as to why the

















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