( 1 ) M/s. Golcha Theatres and its thrre partners are the owners of the property bearing no. 1232/1148, and 1253/1148, situated at Gurdwara Road, Karol Bagh, New Delhi. They purchased this built-up property sometime in the year 1962 for the purpose of constructing a cinema after demolishing the existing structure. They moved an Application seeking, permission therefor but it was declined by. the Delhi Development Authority. Therefore, the petitioner wrote to the Municipal Corporation of Delhi for allowing them to put the property to commercial use. This permission was also refused on the short ground that the draft Zonal Development Plan of this area has not yet been published.

( 2 ) ON 10. 7. 65, the Delhi Development Authority published the draft Zonal Plan for Karol Bagh Zone. In the said plan, the land use of the property in question was shown as commercial upto a depth of 30 ft. of the plot. At the petitioner had no grievance against the draft Zonal Plan, they did not file any objection under Section 10 (3) of the Delhi Development Act, 1957.

( 3 ) LATER on, the Lt. Governor of Delhi on 14-9-67 issued a preli- minary notification under Section 4 of the Land Acquisition Act stating therein that the property of the petitioner was likely to be needed for a public purpose, namely, "planned development of Delhi" It was so done on the recommendation of the Board constituted under Rule 8 of the Delhi Development (Master Plan and Zonal Development Plan) Rules framed under Section 56 of the Act. Even though the notification under Section 4 did not spcifically state the particular public purpose for which the land was required the petitioner, however, came to know that the land in question was being acquired for the construction of, a bus terminal. The petitioner fifed objections to the notification under Section 5a of the Land Acquisition Act

( 4 ) THE Lt. Governor then issued notification under Section 6 of the Land Acquiaition Act on 7-8-69. Thereafter notice under Section is 9 and 10 of the Land Acquisition Act were sent to the petitioner informing that the Government intends to take possession of the property and that the claims to compensation be made by all interested persons.

( 5 ) AT this stage, the petitioner challenged the acquisition proceedings on a variety of grounds by filing the writ petition no. 1212/70 under Article 226 of the Constitution of India against the notification dated 7-8-69 issued by the Delhi Administration under Section 6 of the Land Acqissition Act and he notices issued under Section 9 and 10 of the said Act, being invalid, illegal, mala fide and ultra vires. On beinf heard, the petition was accepted by Avadh Behari, J. on 18-ll-82. The notification under Section 6 of the Land Acquisition Act dated 23-7-69 published 0117-8-69 and the notices issued under Section 9 and 10 were quashed, leaving the parties to bear their own costs.

( 6 ) AGGRIEVED from the aid order, the Delhi Development Authority has filed the present Letter s Patent Appeal on various grounds praying for the setting aside of the impngned judgment dated 18-11-82.

( 7 ) BEFORE the start of the hearing of the appeal, learned counsel for the respondent M/s, Golcha Theatres raised a preliminary objection to the maintainability of the appeal by the Delhi Development Authority. His contention is that the land indispute was acquired by the Lieutenant Governor, Delhi for and en behalf of the Central Government for the planned development of Delhi. The Central Government has not filed any appeal against the judgment of Avadh Behari. J. dated 18-11-82 whereby the notification under Section. 6 and the notices under Section 6-and the notices: undersection 9 and 10 were quashed. The Delhi Development Authority is neither a person aggrieved nor have they suffered any legal injury The appeal. on its behalf thus merits dismissal-on this. ground alone.

( 8 ) THE submission of the learned counsel for the appellant it that the land in di