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2010 Supreme(Del) 548

BADAR DURREZ AHMED, VEENA BIRBAL
ADIL SINGH – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Advocates who appeared in this case:- For the Petitioner:Mr Ajoy B. Kalia For the Respondent No.1:Mr A. S. Chandhiok, ASG with Mr Sachin Datta, Ms Vibha Dhawan and Ms Madhu Panjwani For the Respondent No.2:Mr Tarun Johri For the Respondent Nos.3-4:Mr Chetan Sharma, Sr Advocate with Mr Ajit Singh For the Respondent No.5: Mr Samit Khosla

JUDEMENT

BADAR DURREZ AHMED, J -- The main question which arises for consideration in this writ petition is – whether the erstwhile owners of land, which was acquired for one particular public purpose but was not fully utilized for such purpose, can claim that the unused land be returned to them?

2. In the present case, the petitioner was the 50% owner of the perpetual leasehold rights in plot No. 2, Block No. 125 also known as 8 Jantar Mantar Road, admeasuring approximately 10,800 sq. mts. By a notification dated 31.03.2000 issued under Section 4(1) of the Land Acquisition Act, 1894

(hereinafter referred to as the ‘said Act’) it was notified that the aforesaid 10,800 sq. mts. of land compromised in the said property was likely to be required to be taken by the Government at public expense for the public purpose of "traffic integration and intake shaft for underground metro at Patel Chowk, MRTS Station" and that the leasehold rights of land in the said property was likely to be acquired for the said purpose. The said notification also indicated that the Lieutenant Governor, Delhi was satisfied that the provisions of Section 17(1) of the said Act were applicable to the land in questi
























































































































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