- (1.) LEAVE granted. This is an appeal for setting aside the order passed by the Division Bench of the Delhi High Court whereby the writ petition filed by the appellant for quashing the acquisition of its land was dismissed.
(2.) THE appellant is a Society registered under the Societies Registration Act, 1860. It purchased 12 bighas 5 biswas land comprised in khasra Nos. 301 and 493/302, Village Ladha Sarai, Delhi vide sale deed dated 22.2.1962, which was registered on 10.4.1962. After purchasing the land, the appellant constructed Night Shelter, Mahila Shilp Kala Kendra, Balwari, Charitable Medical Dispensary, Ashram, Library etc. In January 1969, the Central Government initiated proceedings for the acquisition of the appellant's land. For this purpose, Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 6.1.1969. After the issue of declaration under Section 6(1), the Land Acquisition Collector passed an award sometime in 1975. The appellant challenged the acquisition proceedings in Suit No.274/1975 which was decreed by the learned Single Judge of the Delhi High Court vide judgment dated 7.5.1993. The learned Judge held that the Notifications issued under Sections 4 and 6 of the Act were illegal and without jurisdiction and the same did not affect the appellant's right to remain in possession of the suit property. The operative portion of the judgment reads as under: "I accordingly pass a decree in favour of the plaintiff and against the defendants declaring that the acquisition of the suit land under the provisions of the Land Acquisition Act of 1894, as stated above, was illegal and without jurisdiction, and did not affect the rights of the plaintiff to continue in possession of the said property consisting of the land and superstructures raised thereon. No order as to costs."
(3.) AFTER 11 years and 2 months, the Government of NCT of Delhi issued Notification dated 6.7.2004 under Section 4(1) read with Section 17(1) and (4) of the Act for the acquisition of the appellant's land for the specified public purpose, i.e., development of Mehrauli Heritage Zone under the planned development of Delhi. The declaration issued under Section 6(1) was published vide Notification dated 12.8.2004. On the same day, another notification was issued authorising Land Acquisition Collector (South), Delhi to take possession of the land. For the sake of reference, Notification dated 6.7.2004 is reproduced below: JUDGEMENT_797_TLPRE0_2012.htm;