The cancellation of land acquisition notifications by the Government post-possession was found discriminatory and arbitrary, violating constitutional rights of equal protection under the law.

1. These two writ petitions are directed against the same Award under the Land Acquisition Act , and they have, therefore, been heard together. They may be dispossed of by a common judgment.

2. The petitioner in writ petition No. 792 of 1968 is M/s. R. C. Sood and Company (P) Ltd., and the petitioner in writ petition No. 13 of 1969 is M/s. Gulmarg Co - operative House Building Society Limited. The respondents in both the writ petitions are the same, namely, (1) the Union of India though Secondary Ministry of Home Affairs, New Delhi, (2) Delhi Administration through Chief Secretary, (3) the Collector, Delhi and (4) the Lt. Governor, Delhi.

3. M/s. R. C. Sood and Company is the owner (Bhoomidar) of certain land comprised in various khasra Nos. mentioned in the writ petition No. 792 of 1968 measuring about 109 bighas and 7 biswas and situate in the revenue estate of village Tigri, sub-Tehsil Maharauli, in the Union Temitony of Delhi. M/s. Gulmanr Co - operative House Building Society is the owner (Bhoomidar) of another land comprised various khasra Nos. mentioned in writ petition No. 13 of 1969, measuring about 48 bighas and 14 biswas and situate in the aforesaid nevenue estate of village Tigri. According to the petitioners, the said lands were earmarked for a residential colony, and the petitioners prepared the layout plans for their respective lands and submitted the same to the Delhi Municipal Corporation for sanction. In the meantime, the Delhi Administration issued a Notification (Annexure - 'F') under S.4 of the Land Acquisition Act in respect of a large tract of land in which the lands of the petitioners herein were included for Planned Development of Delhi. The Delhi Administration issued subsequently a Notification (Annexure 'G'), dated September 12, 1962, under S.6 of the Act. The Collector made an award on March 20, 1963, and the Administration took possession of the lands in question on May 13, 1963.

4. The petitioners then filed applications on September 14, 1963, under S.18 of the Act for enhencement of compensation and a reference was made to the Additional District Judge. The petitioners had filed earlier a writ petition No. 851 - D of 1962, in the Circuit Bench at Delhi of the then Punjab High Court for getting the Notifications under S.4 and S.6 of the Land Acquisition Act quashed in so far as their lands were concerned for the reasons men - tioned in the writ petition. The writ petition was allowed by S. K. Kapur, J. by an order (Annexure - 'D'), dated November 7, 1966. The learned Judge following the decision of the Supreme Court in State of Madhya Pradesh V. Vishnu Prashad Sharma , AIR 1966 SC 1593 , accepted the contention of the petitioners that once a notification under S.6 with respect to a part of the land covered by notification under S.4 (Annexure - 'F') was issued, the said Notification under S.4 exhausted itself and no other Notification under S.6 could be issued in pursuance of Notification (Annexure - 'F'), dated November 13, 1969, under S.4. In the result, the learned Judge quashed the Notifications under S.6 in so far as they related to the lands of the petitioners.

5. At that time, the reference for enhancement of compensation were pending in the Court of the Additional District Judge, Delhi. In view of the order of the High Court quashing the Notifications under S.6, in consequence of which the award of the Collector also stood cancelled, the petitioners requested the Additional District Judge to permit them to withdraw the reference and accordingly the learned District Judge dismissed the reference as withdrawn on November 29, 1966.

6. In the meantime, on November 21, 1966, the Delhi Administration issued a fresh Notification (Annexure - 'B') under S.4 of the Land Acquisition Act in respect of the lands of the petitioners and the same was published in the Gazette on December 1, 1966. The petitioners filed their objections on December 20, 1966, under S.5 - A of the Act.

7. On January 20, 1967,