High Court Of Delhi
ROSHANARA BEGUM - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 701 of 1981
Decided On : 12/14/1995
( 1 ) A large number of writ petitions have been referred for being decided by this Full Bench as all of them involve some important common questions of law besides some writ petitions having, in addition, certain additional points for decision. We shall, at first, deal with the disputed questions of law and facts which are common to all the petitions and thereafter shall deal with individual cases with regard to their additional points.
( 2 ) THE challenge in all these writ petitions is to the acquisition proceedings pertaining to the land belonging to the petitioners in pursuance to the various notifications issued from time to time tor the common public object of planned development of Delhi. The Master Plan of Delhi, which came into force in 1962, in its Introduction, gives the broad background in which it became necessary to have the growth of the city planned in a more scientific and modem way As indicated in the Master Plan, in order to check the haphazard and unplanned growth of Delhi following the partition of the country and the phenomenal growth of die population with its sprawling residential colonies without proper layouts and without the conveniences of life, as far back as in November 1955, the Central Government had set up a Delhi Development (Provisional) Authority and in December 1955. the Town Planning Organisation was set up and was placed under the administrative control of the Delhi Improvement Trust to advice on all matters pertaining to the planning in me National Capital Territory of Delhi.
( 3 ) IN September 1956, an Interim General Plan, which was intended to provide an outline for planned development during a period of two to three years til! preparation of a comprehensive long range plan, was prepared.
( 4 ) IT was also noticed that about 70000 people have been migrating to Deihi from rural areas every year and it was necessary to have suitable sites in several zones where very low meome group people may be able to put up cheap houses but layouts have to be in accordance with standards. It is not necessary to elaborately deal with the various objects which were sought to be achieved by having a planned development of Delhi as same can be culled out from the Master Plan. In pursuance to the said objects for having a planned development of Delhi, from time to time, various Notifications under Section 4 ofthe Land Acquisition Act were issued, more particularly on November 13, 1959. October 24, 1961,april 4, 1964, April 16,1964 and January 23,1965.
( 5 ) ON the basis of the first Notification, large areas of land were sought to be acquired and some declarations m respect of the land so notified in 1959 were issued under Section 6 of the Land Acquisition Act. Soon after some notices under Sections 9 and 10 of the Act were issued, a spate of writ petitions were filed challenging the acquisition proceedings on various grounds by a number of aggrieved persons whose lands were sought to be acquired as per Notification issued in 1959. Most of such writ petitions were dismissed by this Court on 19th July 1971 and the LPA s were dismissed on April 29,1972 and the judgment is reported as Aflatoon V. Lt. Governor of Delhi, ILR 1971 (II) Delhi 311.
( 6 ) APPEALS were taken to the Supreme Court but they came to be dismissed in 1974 and that judgment is reported in Aflatoon V. Lt. Governor of Delhi, 1974 (IV) Supreme Court Cases 285. The Supreme Court had put its seal of approval with regard to the said Notification and Declarations holding that the planned development of Delhi is a public purpose for which the large tracks of land could be acquired.
( 7 ) A controversy was also raised by some of the persons affected by the Declarations issued from time to time under Section 6 of the Act using the Notifications issued under Section 4 of the Act as the reservoir for issuing more than one Declarations under Section 6 ofthe Act. In order to clarity the legal position, the Parliament intervened and brought a
Aflatoon V. Lt Governor of Delhi
Ranjit Thakur V. Union of India
Partap Singh V. State of Punjab
Jaichand Lal V. State of West Bengal
State of Punjab V. Gurdial Singh
Khadim Hussain V. State of U.P
The Collector Distt. Magistrate, Allahabad V. Raja Ram Jaiswal
Deepak Pahwa V. Lt. Govemor of Delhi
Hirday Narain V. Income tax Officer, Bareilly
Ram Chand and Others V. Union of India
Ved Prakash and Others V. Union of India
State of Gujarat V. Patel Raghav Natha
Ambalal Purshottam V. Ahmedabad Municipal Corporation
Gujarat State Transport Corporation V. Valaji Moolji Sonaji
State of Gujarat and Another V. Patel Naranbhai Nathubai and Others
State of M.P. V. Vishnu Prasad Sharma
Abdul Karim V. State of Madhya Pradesh through Collector, Bilaspur
Prag Narain V. Collector of Agra
Bose Manna and Company Pvt. Ltd. V. Additional Land Acquisition Officer and Another
Malankara Rubber and Produce Co. Ltd V. State of Kerala and others
Corporation of Calcutta V. Omeda Khatun Bewa
Maharishi Dayanand Co operative Group Housing Society Limited V. Union of India
Madan Lal Mittal V. Union of India
Rao Shig Bahadur Singh V. The State of Vindhya Pradesh
J. K. Cotton Spinning and Weaving Mills Co. Ltd. V. State of Uttar Pradesh
Siraj ul Haq Khan V. The Sunni Central Board of Waqf, U.P.
Hameedia Hardware Stores V. Mohan Lal Sowcar
M. Satyanarayana V. State of Karnataka
Shri Ram V. State of Maharashtra
Shiv Ram Anand V. Radha Bai Shanta Ram
S. P. Gupta Vs President of India
Pt. Girdharan Prasad Missir and Another V. State of Bihar and Another
Aflatoon and Others V. Lt. Governor of Delhi and Others
Babu Singh and Others V. Union of India and Others
Babu Singh and Others V. Union of India and Others
Han Singh and Others V. State of U. P. and Others (1990) 2 SCC 268
State of U. P. and Others V. Rajiv Gupta and Another
Jehangir Bomanji and others V. C. D. Gaikwad
Raja Hansh Chandra Raj Smgh V. Deputy Land Acquisition Officer and Another
M.Dodia Malliah and Others V. State of Andhra Pradesh
The Collector, Raigarh V. Chaturbhuj Panda and Others
Smt. Sumatra Bai V. State of Madhya Pradesh
Special Land Acquisition Officer V. Natverlal Jamnadas Muni
State of Tamil Nadu and Another V. P.Kanagamani and Others
Shivdev Singh V. State of Bihar and Others
Yousuf Begam V. State ofAndhra Pradesh and Others
P.K. Shaikh V. State of West Bengal and Others
Lakhbir Chand V. Land Acquisition Collector, Delhi and Others
Manakchand Sarupchand Lunavat and Others V. State of Maharashtra and Others
Nader Chand Mallick V. State of West Bengal and Others
Jehangir Bomanji and Others V. C. D. Gaikwad
Sharadchandra Ganesh Muley V. State of Maharashtra and Others
Yusufbhai Noormohmed Nendoliya V. State of Gujarat and Another
Virchandbhai Madabhai V. State of Gujarat and Another
Gandhi Grah Nirman Sahkari Samiti Ltd. etc. V. State of Rajasthan and Others
Bachhittar Smgh V. State of Punjab
Gandhi Grah Nirman Sahkari Samiti Ltd V. State of Rajasthan and Others
Birla Cotton Spinning and Weaving Mills Ltd. V. Union of India
Special Land Acquiation Officer, Bombay V. M/s. Godrej and Boyce
State of Bihar V. D. N. Ganguly
The Bullion and Agricultural Produce Exchange (Pvt) Ltd. V. Forward Markets Commission
Lachmi Narain V. Union of India
State of Madhya Pradesh V. Vishnu Prasad Sharma
Atmaram Marya V. State of Maharashtra
P. N. Kaushal V. Union of India
Maneka Gandhi V. Union of India
B. B. Rajwanshi V. State of U.P.
Chandra Bansi Singh V. State of Bihar
Gandhi Grah Nirman Sahkari Samiti Ltd. V. State of Rajasthan and Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.