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1989 Supreme(Del) 127

S.B.WAD
SAHAB SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.L.RATHI, R.K.GUPTA, RATAN LAL CHAWLA, S.P.PANDEY, Subhash Mittal

S. B. Wad, J.

( 1 ) IN this writ petition the validity of Notifications under section 4, Section 6 and Sections 9 and 10 and the consequent Award are challenged. Section 4 Notification was issued on 23. 1. 65; Section 6 Notification on 6. 9. 66 and Section 9 and 10 notifications on 21. 5. 1983. Subsequently, on 19. 9. 86 an Award purported to be an Award for acquisition of the petitioners land was made. Counsel has placed a copy of the Award before me. The same be taken on record.

( 2 ) THE petitioners submit that after the issuance of the notification under Section 6, they served a notice on the respondents on 28. 9. 76 under Section 55 of the D. D. A. Act, 1957, as they were entitled to get the lands released from compulsory acquisition under Sub-section 2 of Section 55. The respondents have received the said notice under Section 55. This has also been mentioned specifically in a preliminary Award made on 12. 9. 80. The present Award is a supplementary Award made on 19. 9. 86. The principal question for decision in this writ petition is whether the petitioners are entitled to getting their lands released from compulsory acquisition. Section 55 of the Delhi Development Act, 1957




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