The acquisition of land for the planned development of Delhi was a public purpose, and the acquisition was not discriminatory.

( 1 ) THIS is an appeal under clause 10 of the Letters Patent against the judgment dated May 28, 1969 of Mr. Justice T. V. R. Tatachari, dismissing the appellants writ petition under Articles 226 and 227 of the Constitution of India challenging the validity of notifications issued under Sections 4 and 6 of the Land Acquisition Act in respect of certain lands situated in village Kilokari, New Delhi.

( 2 ) BRIEFLY stated, the appellants purchased the said land measuring 16 bighas and 12 biswas bearing fields Nos. 386/2 and 387/2 situated in village Kilokari, New Delhi, for constructing residential houses for themselves and the employees of the first appellant and its allied concerns. A notification dated November 28, 1958 under Section 4 of the Land Acquisition Act, herein called "the Act", was published in Delhi Gazette dated December 11, 1958 to the effect that land including the appellants land, was likely to be taken by the Government at the expense of a Co-operative Society, called the new Friends Co-operative House Building Society Limited , Delhi respondent No. 6, herein called the "building Society". On June 1, 1959, the appellants on learning about the said notification filed their objections.

( 3 ) ON July 19, 1961, the Deputy Housing Commissioner, Delhi Administration, informed the appellants by his letter of the said date that the notification covering their land had been cancelled, and that two other notifications dated 3rd June, 1961 under Section 4 of the Act had been simultaneously issued on the same date (published in the Gazette dated July 6, 1961) covering the area including the appellants land, stating that the land was "likely to be required to be taken by Government at the public expense for a public purpose, namely for the planned development of Delhi". A booklet published by Delhi Administration giving information about the Government s scheme of "large Scale Acquisition and Disposal of Land for Urban Development in Delhi" was enclosed with the said letter. On August 3, 1961, the appellants filed their objections under Section 5-A of the Act. On October 27, 1961, a notification under Section 6 of the Act was published declaring that the appellants land along with some other lands were required to be taken by the Government at the public expense for a public purpose, namely, for the planned development of Delhi. On January 22, 1962, the appellants filed an application before the Land Acquisition Collector Delhi, that the notifications under Sections 4 and 6 were discriminatory, illegal and void. A reference was then made to the District Judge under Section 18 of the Act, after the Land Acquisition Collector had made his award.

( 4 ) IN the meanwhile, the appellants, not knowing about the aforesaid notification dated November 28, 1958, had submitted on March 23, 1959 a layout plan for their land to the Municipal Corporation of Delhi, respondent No. 5, herein called the Corporation for its sanction. On May 26, 1959, the Corporation had suggested certain changes and then by its letter dated October 29, 1959, asked for correct documents of the appellants ownership of their lands. On December 16, 1959 the appellants were informed by the Municipal Commissioner that sanction under Section 336 of the Delhi Municipal Corporation Act had been accorded to them to erect a house on Plot No. 66 without affecting, however, the rights of the Government or Delhi Development Authority or any other person. Thereupon, the Building Society filed a suit in the court of the Sub-Judge, Delhi, for the issuance of a permanent injunction restraining the Corporation, the two appellants and some others from building or raising any construction over the land in question. A temporary injunction was granted by the Court. The Corporation thereupon, on revision, revoked the sanction given earlier for the building of the house in plot No. 66. On March 23, 1961, the Building Society and the appellants entered into a settl