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2008 Supreme(SC) 1063

ALTAMAS KABIR, MUKUNDAKAM SHARMA
Meera Sahni – Appellant
Versus
Lt. Governor of Delhi – Respondent


Advocates appeared:
For the Appellant :Abhishek M Singhvi, Vijay Hansaria, Anoop G. Choudhary, Sr. Advs., Sanjay Sarin, Ms. Sameena Sheikh and Ashok Mathur, Advocates.
For the Respondents:Parag Tripathi, A.S.G., dr. R.G. Padia, Sr. Adv., Sanjay Poddar, Vismai Rao, Ms. Arti Gupta, Ms. Kiran Bhardwaj, Ms. Savitri Pandey, D.S. Mahra and V.B. Saharya (for M/s. Saharya & Co.), Advocates.

Judgment

Dr. Mukundakam Sharma, J. —

1.Leave granted in Special Leave Petition Nos.11233-11234 of 2001.

2.All these appeals involving identical issues were heard together and are being disposed of by this common Judgment and Order.

3.The prime issue that falls for our consideration in these appeals is whether in view of the provisions of Delhi Lands (Restrictions and Transfer) Act, 1972 (for short “Delhi Lands Act”), read with the provisions of the Land Acquisition Act, 1894 (for short “Land Acquisition Act”) transfer of land made by the original owner by registering a sale deed on the basis of which mutation was also granted would and could be accepted as legal and valid transfer despite the fact that such land was acquired by the State Government under the provisions of the Land Acquisition Act for the public purpose.

4.Learned counsel appearing for the parties advanced elaborate and in-depth arguments on the aforesaid issue. But before we deal with and discuss the same, it would be necessary for us to mention a few facts leading to filing of the present appeals.

5.On 24.10.1961, a Notification was issued under Section 4 of the Land Acquisition Act under the Orders of the Lieutenant Go



































































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