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Showing contexts for: acharya arun dev in Mandir Shree Sitaramji Alias Shree ... vs Land Acquisition Collector & Ors on 24 August, 2005Matching Fragments
It is submitted that the Delhi Development Authority, for whom the land has been acquired, cannot develop 35000 acres on its own. It was submitted that it, therefore, becomes necessary to give various portions of land to various societies for the purposes of development. It was submitted that merely because land is given to societies does not mean that the acquisition is for the purposes of those societies. It was submitted that the Agreement dated 9th May, 1972 does not specify that the land to be allotted to that society is the Appellants' land. It was submitted that the Agreement is merely to allot some land out of the 35,000 acres being acquired. It is submitted that the Constitution Bench of this Court has approved such a course of action. In support of this submission, it was also pointed out that the planned development can only be in accordance with the Delhi Development Act and that this permitted the authority to allot land to various co-operative societies for the purposes of development. We have considered the submissions of both the sides. In our view, there is no merit in the challenge to the proposed acquisition on the ground that the acquisition was for the purposes of the society covered by Agreement dated 9th May, 1972. The subsequent Notification is merely a follow up of the earlier Notification. The entire acquisition is for "planned development of Delhi". To be remembered that Appellants' land is in the midst of the 35000 acres which have been acquired pursuant to the Notification under Section 4 issued in 1959. The Agreement dated 19th May, 1972 does not specify that it is the Appellants' land which is to be allotted to that Society. The Society is to be allotted some land and even if Appellants' land is allotted to this Society, after acquisition, it will not mean that the acquisition was for this Society. Therefore, the provisions of Part VII of the Land Acquisition Act need not have been complied with. It was next submitted, on behalf of the Appellants, that the Government has formulated a scheme by which parties are permitted to develop their own land. It was submitted that the acquisition of land of such parties was to be withdrawn as per the policy. In this behalf, reliance was placed upon a letter dated 3rd March, 1987 from the office of the Prime Minister, wherein it is stated that the Appellants may be permitted to develop the land in accordance with the norms given by Delhi Development Authority. Reliance was also placed upon a letter dated 4th April, 1991 from the Director, Delhi Development Authority, to one Shri Acharya Arun Dev (whom the Appellants claim to be their power of attorney holder) wherein also the Appellants' proposal to allot the land to them for development was stated to be approved. Reliance was also placed upon a letter dated 17th September, 1991 from the Additional Secretary to the Minister of Urban Development as well as minutes of a meeting held on 23rd September, 1991 in the chambers of the Lt. Governor to consider the Appellants proposal to develop the lands themselves. Relying on these documents, it was submitted that the Governments had decided to withdraw from the acquisition. It was submitted that the Government should be held bound by its commitment to so withdraw. It was submitted that for this reason also the acquisition should be quashed. As against this, on behalf of the Respondents, it is pointed out that this very ground had been considered by the Delhi High Court on an earlier occasion. It was pointed out that after looking into the relevant records the Delhi High Court had recorded in paras 18 and 19 of its Judgments as follows: