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High Court Of Delhi
UTTAR PRADESH SAMAJ CO OPERATIVE GROUP HOUSING SOCIETY - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 04/15/1969
LAND ACQUISITION - PUBLIC PURPOSE - NOTIFICATION UNDER SECTION 4 AND 6 OF THE LAND ACQUISITION ACT - VALIDITY - EVACUEE LAND - TITLE - PASSING OF TITLE - SANAD - DISPLACED PERSONS (COMPENSATION AND REHABILITATION) RULES, 1955 - RULE 68 AND 72 - INTERPRETATION.
Fact of the Case:
The petitioner, a Co-operative House Building Society, challenged the validity of notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894, for the acquisition of its land for the planned development of Delhi. The petitioner claimed that the land was evacuee land and was exempted from acquisition by the notification dated November 13, 1959. The petitioner also contended that the notifications were vague and indefinite and that the acquisition of the land was not for a public purpose.
Finding of the Court:
The court held that the notifications under sections 4 and 6 of the Land Acquisition Act were valid and that the acquisition of the land was for a public purpose, namely, the planned development of Delhi. The court found that the land was not evacuee land on the date of the notification dated November 13, 1959, and that the title in the land had not passed to the allottees before that date. The court also held that the requirement of a notification under section 4 of the Act was mandatory and that the acquisition proceedings in respect of the land measuring 76 Bighas 01 Biswa were contrary to law and liable to be quashed.
Issues: 1. Whether the notifications under sections 4 and 6 of the Land Acquisition Act were valid? 2. Whether the acquisition of the land was for a public purpose? 3. Whether the land was evacuee land on the date of the notification dated November 13, 1959? 4. Whether the title in the land had passed to the allottees before the date of the notification dated November 13, 1959? 5. Whether the requirement of a notification under section 4 of the Act was mandatory?
Ratio Decidendi: 1. The court held that the notifications under sections 4 and 6 of the Land Acquisition Act were valid because they were issued for a public purpose, namely, the planned development of Delhi, and because the land was not evacuee land on the date of the notification dated November 13, 1959. 2. The court held that the acquisition of the land was for a public purpose because the planned development of Delhi was a matter of vital necessity and because the acquisition of the land was necessary to meet the bona fide requirements of the public for residential, industrial, and commercial purposes. 3. The court held that the land was not evacuee land on the date of the notification dated November 13, 1959, because the title in the land had not passed to the allottees before that date. 4. The court held that the requirement of a notification under section 4 of the Act was mandatory and that the acquisition proceedings in respect of the land measuring 76 Bighas 01 Biswa were contrary to law and liable to be quashed.
Final Decision: The court quashed the acquisition proceedings in so far as they related to the petitioner's land measuring 76 Bighas 01 Biswa and quashed the notifications and award in respect of that land. The court dismissed the petition of the petitioner-society in respect of the remaining land in dispute.
Based on the provided legal document, here are the key points:
( 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 Building Society consisting of persons belonging to the State of Uttar Pradesh. The object of the Society is to establish a housing colony for its members in Delhi and to solve the housing problem for them by allotting plots ()f land in the colony to enable them to construct their houses. The society was registered on January 31, 1957 under the Bombay Co-operative Societies Act as extended to Delhi. The petitioner- society owns land measuring 425 Bighas 16 Biswas. Out of that, land measuring 420 Bighas 7 Biswas is situated. in village Tughlakabad and land measuring 5 Bighas and 9 Biswas is situated in village Tekhand. The above land was purchased by the petitioner-society from various landowners for establishing a house building society for its members. The impunged notifications under sections 4 and 6 of the Land Acquisition Act were issued by the Delhi Administration in connection with the acquisition of vast areas of land including th. e land of the petitioner. In notification dated November 13, 1959 issued under section 4 of the Land Acquisition Act, the Government and evacuee land along with ome other lands were excluded from acquisition.
( 3 ) THE petitioner-society claims that the land measuring 289 Bighas 15 Biswas oat of 425 Bighas 16 Biswas was evacuee land and as such was exempted from acquisition by notification dated November 13, 1959 Notification under section 4 of the Land Acquisition Act ix further stated to be vague and indefinite and not in accordance with law. It is also averred that the notification under section 6 of the Act without prior notification under section 4 of the Act in respect of the land in question is illegal. Ground has also been taken that as the land in dispute had been purchased by the petitioner society for the purpose of constructing a housing colony, no public purpose would be served by acquiring the said land from the petitioner-society. The petitioner-society is also stated to have been discriminated against, becaucse lands belonging to housing societies similarly situated have been exempted from acquisition
( 4 ) THE petition has been resisted by the respondents and the affidavit of Shri D. P Bahuguna, Deputy Secretary (Land and Building), Delhi Administration, has been filed in opposition to the petition
( 5 ) THE relevant part of the notification. dated November 13, 1959 issued under section 4. of the Land Acquisition Act reads as under. "delhi ADMINISTRATION, DELHI, NOTIFICATION Delhi, the 13th November, 1959. No. F. 15 (111)/59-LGD.- Where as it appears to the Chief Commissioner, Delhi, that the land is required by the Government at the expense for a public purpose, namely, the planned Development of Delhi. 2. It is hereby notified that the land, measuring 34070 acres and marked with blocks Nos. A to T and X
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