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2006 Supreme(Del) 2366

T.S.THAKUR
CHATRO DEVI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
H.L.RAINA, Indra Sawhney, JHUM JHUM SARKAR, L.R.GUPTA, MONICA SHARMA, Nandini, P.N.LEKHI, Pankul Nagpal, SANJAY PODDAR, SUBHASH MITTAL, SUNIL MALHOTRA, VINAY BHASIN


T. S. THAKUR, J.

( 1 ) THESE writ petitions have been referred to a third Judge to resolve the conflict arising out of the opinions expressed by a Division Bench of this Court comprising Swatanter Kumar and Madan B. Lokur, JJ. The writ petitions assailed the validity of certain land acquisition proceedings in which while Swatanter Kumar, J held the inquiry under section 5-A and the declaration under section 6 of the Land Acquisition Act, 1894 (for short "the Act") to be legally valid, Madan B. Lokur, J. has held the same to be otherwise. The end result was been that while the acquisition proceedings have been upheld by swatanter Kumar, J. the same have been quashed by M. B. Lokur, J.

( 2 ) THE facts giving rise to the filing of the petitions have been set out in detail in the opinions recorded by the Hon'ble Judges, comprising the Bench. The same need not, therefore, be stated over again except to the extent it is necessary to do so for appreciating the precise issue that arises for consideration and the context in which the same arises.

( 3 ) A large extent of land situate in 13 South Delhi villages was notified for acquisition by the respondents for what was described as "plan

















































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