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2009 Supreme(SC) 1490

B.N.AGARWAL, G.S.SINGHVI
Shanti Sports Club – Appellant
Versus
Union of India – Respondent


Advocates appeared: For the Appearing Parties :Ms. Indra Jai Singh, A. Sharan, ASG, Mukul Rohtagi, Shyam Divan, Ms. Geeta Luthra, Sr. Advocates, Ms. Jayashree Wad, Ashish Wad, Yashraj Deora, Chirag Dave (for M/s. J.S. Wad and Co.), Ms. Indra Sawhney, Ms. Binu Tamta, Ms. Sushma Suri, S.W.A. Qadri, Rahul Kaushik, Ms. Anil Katiyar, D.S. Mahra, V.B. Saharya (for M/s. Saharya & Co.), Prabal Bagchi, D.N. Goburdhan, Sanjeev Sahay, Shreekant N. Terdal, M.P. Jha, Ram Ekbal Roy, Harshvardhan Jha, Advocates.

Judgment :-

G.S. Singhvi, J.

.1. These appeals filed against order dated 21.8.2001 of the Division Bench of Delhi High Court whereby it refused to interfere with the Central Governments decision not to exercise discretion under Section 48(1) of the Land Acquisition Act, 1894 (for short `the Act) to withdraw from the acquisition of land comprised in khasra Nos.35, 369/36, 37, 38, 367/21 and 365/33 of Village Masudpur, Tehsil Mehrauli, Delhi are illustrative of how the litigants use the courts process for frustrating the acquisition of land for a public purpose for years together and seek equity after raising illegal construction over the acquired land under the cloak of interim order(s) passed by one or the other court.

.Background Facts:

2.2. In the aftermath of partition of the country, lakhs of people were forced to leave their habitat, properties, trade, business, etc. in the territory which became Pakistan. Most of them came and settled in northern parts of the country, particularly Punjab and Delhi. Out of sheer compulsion, they constructed houses, etc. without proper layouts and planning. Initially, the Government did not pay much attention to the haphazard construction of hou



































































































































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