- (1.) The judgment of the Delhi High Court dated July 9, 2007 is impugned in this appeal.
(2.) It is the case of the respondents that there was requirement of houses for nearly 8 lakh persons within the reach of common man in Delhi. To meet the shortage of housing accommodation, the Delhi Development Authority (DDA) sought requisition of the land for its scheme known as ohini Residential Scheme(hereinafter referred to as he Scheme. The said Scheme was initially planned in three phases - Phases I, II, and III. The three phases in the Scheme were developed. Even then, the acute shortage of houses in the city of Delhi continued. Accordingly, the plan for development of Rohini Phases IV and V was formulated.
(3.) On the requisition of the DDA, on October 27, 1999, a Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short he Act was issued indicating that land stated therein was likely to be required by the Government of Delhi for the public purpose namely; Rohini Residential Scheme, Delhi. In the said Notification, it was also mentioned that Lt. Governor, Delhi was satisfied that provisions of subsection (1) of Section 17 of the Act were applicable to the land mentioned in the Notification and he was pleased under sub-section (4) of Section 17 to direct that all the provisions of Section 5A of the Act would not apply.;