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1969 Supreme(Del) 70

H.R.KHANNA, T.V.R.TATACHARI
UTTAR PRADESH SAMAJ CO OPERATIVE GROUP HOUSING SOCIETY – Appellant
Versus
UNION OF INDIA – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The requirement of a notification under Section 4 of the Land Acquisition Act, 1894, is mandatory and cannot be dispensed with; without it, acquisition proceedings under Section 6 are contrary to law and liable to be quashed (!) (!) .
  • The acquisition of land for the "Planned Development of Delhi" constitutes a valid "public purpose" under Section 3(f) of the Act, as it addresses the vital necessity of civic life, housing deficits, and orderly urban growth (!) (!) .
  • The Government's declaration regarding the public purpose is final and conclusive, unless it amounts to a colourable exercise of power or is unrelated to the objects specified in the Act (!) (!) .
  • The land in dispute measuring 76 Bighas 01 Biswa was still classified as "evacuee land" on the date of the notification (November 13, 1959) because the title had not passed to the allottees prior to that date (!) (!) .
  • Under the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, an allottee obtains permanent property rights and title only upon the issuance of a "sanad"; possession alone does not transfer title (!) (!) .
  • Since the notification under Section 4 specifically excluded evacuee land and the title had not passed before the notification date, no valid notification under Section 4 was issued for the 76 Bighas 01 Biswa plot (!) (!) .
  • Consequently, the notification under Section 6 issued later for the same plot is invalid as it lacks the mandatory condition precedent of a Section 4 notification (!) (!) .
  • The court quashed the acquisition proceedings, notifications, and awards specifically regarding the 76 Bighas 01 Biswa plot but dismissed the petitioner's petition regarding the remaining land in dispute where no illegality was found (!) (!) .

Khanna and Tatachari

( 1 ) UTTAR Pradesh Samaj Co-operative House Building Society Ltd. , New Delhi, by means of this petition under Articles 226 and 227 of the Constitution of India has prayed for the issuance of a writ for quashing notifications dated November 13, 1959 and March 7, 1963 under section 4 of the Land Acquisition Act, and those dated September 15, 1962. November 15, 1965, August 29, 1966 October 22, 1982 and September 12,1962 under section 6 of the said Act with respect to the petitioner s. land in villages Tughlakabad and Tekhand. Prayer has also been made for quashing the awards made by the Land Acquisition Collector with respect to the said land and for restraining the respondents from interfering with the possession and enjoy ment of the said land by the petitioner-society.- The respondents named in the petition are (1) Union of India through the Secretary, Ministry of Home Affairs, (2) the Lieut. Governor, State of Delhi, (3) The Land Acquisition collector, (4) The Deputy Housing Commissioner, Delhi Administration, (5) Collector, Delhi and (6) the Municipal Corporation, Delhi.

( 2 ) ACCORDING to the allegations of the petitioners, it is a Co-operative House Build























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