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