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1 - 9 of 9 (0.40 seconds)The Land Acquisition Act, 1894
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Shri Mandir Sita Ramji vs Lt. Governor Of Delhi & Ors on 6 August, 1974
This acquisition was challenged by a number of parties including
the Appellants. The Writ Petition filed by the Appellants was allowed
by a Single Judge of the Delhi High Court on the ground that the
Appellants were not heard in respect of their objections filed under
Section 5A of the Land Acquisition Act. A Division Bench of the Delhi
High Court allowed the Appeal and dismissed the Writ Petition. The
Appeal filed by the Appellants in this Court was allowed by the
Judgment reported in Shri Mandir Sita Ramji vs. Lt. Governor of
Delhi & Ors. (1975) 1 SCR 597. This Court held that there had been
no enquiry as to whether or not the Appellants' land belonged to a
religious institution. Therefore, this Court quashed the Section 6
Notification and remitted the matter back to the Land Acquisition
Collector to enquire into the objection of the Appellants.
It appears that the Government then decided not to pursue the
earlier Section 4 Notification in respect of the Appellants' land.
Another Notification dated 13th March, 1975 under Section 4 of the
Land Acquisition Act, proposing to acquire app. 300 bighas for
"planned development of Delhi" was issued. The Appellants again
challenged the proposed acquisition by filing a Writ Petition. The Writ
Petition was dismissed by the impugned order.
Section 40 in The Land Acquisition Act, 1894 [Entire Act]
Section 41 in The Land Acquisition Act, 1894 [Entire Act]
Section 48 in The Land Acquisition Act, 1894 [Entire Act]
Section 39 in The Land Acquisition Act, 1894 [Entire Act]
Aflatoon And Others vs Lt. Governor Of Delhi & Others on 23 August, 1974
It was submitted that land all around
Appellants' land was acquired in pursuance of the earlier Notification.
It was submitted that in order to avoid any further complication and
delay the second Notification under Section 4 was issued on 13th
March, 1975. It was submitted that the acquisition of Appellants' land
was for purposes of "planned development of Delhi" and not for any
Co-operative Society. It is submitted that acquisition for "planned
development of Delhi" has been upheld by a Constitution Bench of this
Court in the case of Aflatoon vs Lt. Governor of Delhi [(1975) 4
SCC 285]. It is pointed out that the Constitution Bench has in this
Judgment upheld acquisition inter alia on the ground that when there
is acquisition of such a large area of land, it is not possible to specify
in detail what the exact purpose of acquisition is. It was pointed out
that an argument identical to the one now made has been negatived in
that Judgment. Reliance was placed on para 24 of the Judgment
which reads as under:
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