- (1.) These transfer cases are the writ petitions under Article 226 of the Constitution of India which were filed before the Delhi High Court. The petitioners have challenged the notifications dated January 6, 1995 and March 9, 1995 under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 (the Act) relating to the revenue estate of village Nilothi, National Capital Territory (NCT) of Delhi.
(2.) This Court is monitoring the constructions of Sewage Treatment Plants(STPs) in various parts of Delhi in the public interest proceedings in writ petition (Civil) No. 4677/85 M. C. Mehta v. Union of India, under Article 32 of the Constitution of India. Pursuant to the directions issued by this Court in M. C. Mehta's case the NCT- Administration has issued the notifications dated January 6,1995 and March 9,1995 under the Act which have been impugned in the transferred cases. Since this Court is seized of the matter relating to the construction of STP at Keshopur on the land in dispute, it was deemed appropriate to transfer the writ petitions from the file of the Delhi High Court to this court.
(3.) The land in dispute is being acquired for a public purpose namely for setting up of pumping station/sewerage treatment plant in villages Josola, Nilothi and Shaffipur Ranola for the planned development of Delhi. The provision of sub-section(l) of Section 17 of the Act have been made applicable and as such the enquiry under Section 5-A of the Act has been dispensed with. The relevant part of the notification dated January 6,1995 is as under :- "No. F. 9(46)/94-LandB/LA/298 : Whereas it appears to the Lt. Governor, of Delhi that the land is likely to be required to be taken by Government at public expense for a public purposes; namely for setting up of pumping station/sewerage Treatment plant in village Jasola for the planned Development of Delhi, it is hereby notified that the land in the locality described below is likely to be required for the above purpose.....The Lt. Governor being of opinion that provisions of sub-section(l) of Section 17 of the said Act are applicable to this land, is further pleased under sub-section 4 of the said section to direct that the provisions of Section 5-A shall not apply". Section 4 of the Act to the relevant-extent is reproduced :- "4. Publication of preliminary notification and powers of officers thereupon:- (l) Whenever it appears to the (appropriate Government) that land in any locality (is needed or) is likely to be needed for any public purpose.......;