Mool Raj Tyagi & Others vs Govt Of Nct Of Delhi And Others on 7 October, 2015

BADAR DURREZ AHMED, J

1. The petitioner seeks the quashing of Notification No. F.10

(6)/2012/WEST/ L&B /LA/8316 dated 27.8.2013 issued under Section 4,

17(1) and 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to

as ‘the said Act’) and the impugned declaration bearing No.

F.10(6)/2012/WEST/ L&B /LA/8360 dated 29.08.2013 issued under

Section 6 of the said Act in respect of the petitioners’ land comprised in

WP(C) 5553/13 Page 1 of 22
Khasra Nos. 65/11/2 (3-15), 12/2 (3-15), 13/2 (3-15) and 14/2/2 (0-6)

measuring 11 bighas and 11 biswas, in all, in the revenue estate of village

Hastsal, New Delhi.

2. Two points of challenge have been raised in the present petition. The

first point is that the Section 6 declaration is prior to the date of publication

of the notification under Section 4 of the said Act. This, according to the

learned counsel for the petitioners, is impermissible in law. In support of

this proposition, the learned counsel has placed reliance on a decision of a

Division Bench of this court in the case of Uday Kaushish v. The Land

Acquisition Collector & Others: 31 (1987) DLT 181 DB. Based on the

said decision, the learned counsel submitted that not only the declaration

under Section 6, but the notification under Section 4 is also liable to be

quashed.

Source: Indian Kanoon