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1992 Supreme(Del) 191

D.P.WADHWA
AVTAR SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
D.P.SHARMA, P.N.LEKHI

D. P. Wadhva, J.

( 1 ) THIS Letters Patent Appeal is directed against the judgement dated 10 October 1978 of a learned Single Judge of this Court whereby the dismissed the writ petition of the appellant. In the writ petition the appellant had prayed for quashing of notifications issued under Sections 4 and 6 of the Land Acquistion Act, 1894 (for short the Act ) as well as for quashing the award dated 27 July 1973 made under Section II of the Act. The learned Single Judge dismissed the writ petition principally on the ground that Section 48 of the Act provided the only way by which the Government could withdraw from acquisition of any land.

( 2 ) FACT are in brief. The appellant purchased a plot of land measuring about 1200 square yards in Village Taimur Nagar by a sale deed dated 13 February 1958. The land bears khasra No. 809/1/1. A notification under Section 4 of the Act was issued by Delhi Administration on 13 November 1959 respecting land measuring 34070 acres all over Delhi. This included the land of the petitioner as well. Then a declaration under Section 6 of the Act was issued on I January 1969. The notification and the declaration had been issued by the Land and Building











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