BHAGWAT DAYAL MATTU MAL Vs. UNION OF INDIA
LAWS(P&H)-1957-12-4
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 18,1957

BHAGWAT DAYAL MATTU MAL Appellant
VERSUS
UNION OF INDIA (UOI) MINISTRY OF WORKS HOUSING AND SUPPLY, Respondents

JUDGEMENT

- (1.) THIS is a petition under Article 226 of the Constitution filed by five petitioners, bhagwat Dayal, Hans Raj, Bishambar Dayal, Brij Mohan and Ramcshwar Dayal in which the Ministry of Works, Housing and Supply of the Union of India, the Land acquisition Collector of Delhi and the Dera Ismail Khan Co-operative House building Society Limited have been impleaded as respondents.
(2.) THE case of the petitioners who are apparently business-men of Delhi, is that in 1944 they purchased by auction an area of land measuring 215 bighas and 5 biswas known as Mubarak Bagh in village Malikpur Chhawni, lying near the Grand trunk Road leading to Ambaia not far front the Sabzi Mandi area. At that time the land was used as an Orchard, but evidently the petitioners had purchased it with a view to develop it for residential purposes, and in 1950 they began seeking permission of the Notified Area Committee, which by that time had become necessary, for developing the land. Later in August 1953 they submitted a development Scheme to the Delhi Improvement Trust with a lay-out plan. The petitioners were still in correspondence with the Improvement Trust regarding the matter when or, 23-6-55 a Notification was issued by the Delhi State Government under Section 4 of the Land Acquisition Act stating that the land was required for a public purpose, namely the construction of houses for the Dera Ismail Khau Cooperative house Building Society Limited and that the land was required to be taken by the Government at the expense of the Society. The Notification contained the usual invitation from persons interested to file objections against the proposed acquisition. This was followed by the usual Notification under Section 6 of the Act dated 14-10-1955.
(3.) PROCEEDINGS then took place before the Land Acquisition Collector culminating in an award passed by Murari Singh Land Acquisition Collector on the 23rd of february 1957 according to which Rs. 2,58,300/- plus 15 per cent on account of compulsory acquisition i. e. Rs. 38,745/-, making a total of Rs. 2,97,045/-, were fixed as the price of the land.;


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