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1995 Supreme(Del) 963

High Court Of Delhi
ROSHANARA BEGUM - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 701 of 1981
Decided On : 12/14/1995

Advocates Appeared:
B.I.SINGH, B.S.MANN, Barkha Babbar, Dhruv Mehta, G.L.SANGHI, ISHVAR SAHAR, J.M.Rao, K.L.RATHI, K.S.Sidhu, Keshav Dayal, L.C.Chechi, M.Ahmed, M.S.Mann, MADAN LOKUR, MAHESH CHAND, MALDIP SIDHU, MUKUL ROHTAGI, O.N.Vohra, P.Dayal, P.K.BEHL, P.N.LEKHI, P.R.TANDON, R.K.WATEL, RAJIV MEHRA, Rakesh Khanna, Ramesh C.Pathak, Ravinder Sethi, S.K.DHINGRA, S.K.MEHTA, S.L.VATEL, S.P.SHARMA, SANDiP SETHI, Subhash Mittal, SUMiT BANSAL, TARUN JOHN, U.Hazarika

P. K. BAHRI

( 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































































































































































































































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