OM PRAKASH KESHO RAM Vs. UNION OF INDIA
LAWS(SC)-1987-11-45
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on November 03,1987

OM PRAKASH,KESHO RAM Appellant
VERSUS
UNION OF INDIA,UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF URBAN DEVELOPMENT, NIRMAN BHAWAN, NEW DELHI Respondents

JUDGEMENT

Ranganathan, J. - (1.) In both these matters, notice was given to the respondent on a limited point:whether the Lt. Governor of Delhi is competent to issue a notification under S. 4(l), Land Acquisition Act, 1894 ('the 1894 Act'), to acquire lands "for the planned development of Delhi". That is the ground on which, inter alia, the petitioners unsuccessfully challenged before the High Court the validity of a notification dated 27-1-1984 issued by the Lt. Governor of Delhi (as the Head of the Delhi Administration) for the acquisition of about 3550 hectares of land situated in Delhi. We have, therefore, heard counsel on this limited question.
(2.) Section 4(l) of the 1894 Act, in so far as it is relevant, reads as follows: "4(1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the official Gazette ............."
(3.) Section 3(ee) of the same Act defines "appropriate Government" as follows: "In this Act, unless there is something repugnant in the subject or context - ********** (ee) the expression "appropriate Government" means, in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other purposes, the State Government.";


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