The court emphasized the importance of specificity in the Section 4 Notification and the consequences of delay in approaching the court after accepting compensation.

S.RAVINDRA BHAT, J.

1. The petitioners’ claim is that the land acquired through Notification dated 21.03.2003 and declaration dated 19.03.2004 and subsequently followed by an Award dated 15.07.2005, published in Official Gazette on 05.08.2005 i.e., 30 Bigha 8 Biswa in various khasra numbers in village Barwala is illegal and void.

2. The respondent, i.e., the Govt. of NCT of Delhi issued a Notification under Section 4 of the Land Acquisition Act, 1894, (hereafter mentioned as “Old Act”) on 21.03.2003. This Notification did not specify the particulars of the land proposed to be acquired; it reads as follows: -

“No.F.11(19)/2001/L&B/LA/20112 – Whereas it appears to the Lt. Governor, Delhi that land is likely to be required to be taken by Government at the public expenses for a public purpose namely for Rohini Residential Scheme. It is hereby notified that the land in the locality described below is likely to be acquired for the above purpose.

The notification is made, under the provisions of Sub-section 1 of Section 4 of the Land Acquisition Act, 1894, to all whom it may concern.

In exercise of the powers conferred by the aforesaid section, the Lt. Governor, Delhi is please to authorise the officers for the time being engaged in the undertaking with their servants and workmen to enter upon and survey the land in the locality and do all other acts required or permitted by that section.

Any person, interested, who has any objection to the acquisition of any land in the locality, may within 30 days of the publication of the notification file an objection in writing before the Land Acquisition Collector (North-West), Delhi.

Map showing the boundaries of land covered by the Notification is available for inspection in the office of the Land Acquisition collector (North-West), Delhi.

	SPECIFICATION
VILLAGE	TOTAL AREA	FIELD NOS. AREA

Land measuring approx 3000 hectare is bounded on the North by Western Yamuna Cannal leading towards east and joining with Land already acquired by DDA (Phase 4 &5) and thereafter leading towards South bounded by Rohtak Railway Line and thereafter leading towards West bounded by High Tension Line.

NORTH

High Tension Line WEST

Yamuna Cannal Rohtak Railway Line

EAST Phase 4&5 acquired Land boundary

SOUTH

By Order and in the name of the Lt. Governor of Delhi H.D. Mahi, Dy. Secy. (LA)”

3. Subsequently, declaration was issued under Section 6 of the old Act on 19.03.2004. This declaration included the tracks of land that belonged to the petitioners. Various claims for compensation were invited from the recorded owners after which the Land Acquisition Collector announced its Award on 15.07.2005.

4. It is not in dispute that the petitioners accepted the Award and the compensation was assessed; they were not aggrieved by the assessment and, therefore, did not seek any enhancement. A certificate issued on 27.02.2006 evidencing that the compensation was paid to them reads as follows: -

“OFFICE OF THE LAND ACQUISTION COLLECTOR, D/C, NORTH-WEST AT KANJHAWALA. DELHI

NO.LAC/ADM/NW/NT/LA/24

DATED: 27.02.2006

CERTIFICATE

This is to certify that the land mentioned below of the Village-Barwala has been acquired vide Award No. 12/2005-2006/DC/NW announced on 5.8.2005 vide notification No.F-11 (19/2001/L&B/LA/20112) dated 21.03.2003 for the purpose of Rohini Residential Scheme under P.D.D. the possession of the land has been transferred to the Govt. Department /Concerned Department on 6.10.2005.

Sh. Beer Singh S/o Chandu Lal was the interested person/ share holder in the acquired land and compensation of land was paid to him.

S.No.		Khasra No.	Area	Share	Cheque No. 576372
995	24	10/2	2-08	1/3	Dated 14/10/05
	44	13min 1-12			Amount:1,13,85,130/-
		14	4-16
		16	4-16
		17	4-16
		18 min	3-12