Decided on February 03,1995

UNION OF INDIA Respondents


K.Ramamoorthy, J. - (1.)This writ petition is filed challenging the notifications issued by the first respondent on 13th of November 1959 u/s 4 of the Land Acquisition Act and the declaration dated 27th of January 1966 issued under section 6 of the Land Acquisition Act with reference to 36 bighas and 2 biswas of the land situated in a place called Village Wazirpur, Delhi. On 29th of March 1973 the petition was presented and the rule was issued on 5th of April 1973. There was no reply filed by the respondents. Subsequently, there was an amendment of the writ petition bringing to the notice of this Court notification issued by the Government on 21st of December 1911. The amended writ petition with all the annexures were served on the respondents and no reply has been filed. On 25th of January 1995 Mr. K.C. Mittal with Ms. Rina Bhatia appeared and prayed for an adjournment. On their request, the matter was adjourned to 27th of January, 1995 after hearing the learned counsel for the petitioners to enable the counsel for the respondents to make their submissions. On 27th of January 1995 again the petitioners were heard because none appeared for the respondents. However, Ms. Rina Bhatia appeared on 27th of January 1995 and stated that Mr. K.C. Mittal was not the counsel for Union of India and Mr. H.K. Sharma is the counsel for the Union of India. No one appeared on behalf of the Union of India, even though as stated above, no reply had been filed to the writ petition in spite of several opportunities given.
(2.)The learned counsel for the petitioners 1,3,4,5,, II, L/Rs. of 13, 15 to 19, 21, 24 to 28, L/Rs of 29 and 30 made his submissions and Mr. S.P. Aggarval Sr. Advocate argued on behalf of petitioners 2 and 23. I place on record my appreciation of attitude of the learned counsel for the petitioners. In spite of the fact that no one appeared for the respondents they brought to my notice all the relevant records and also the relevant cases pertaining to the matter. With their assistance, I could comprehend the issues involved and come to some definite conclusions.
(3.)As stated above, the notification under section 4 of the Land Acquisition Act was issued on 13th of November 1959 and part 2(c) of the notification is relevant and it read as follows:-
"2(c) The land already notified, either under section 4 or under section 6 of the Land Acquisition Act, for any Government scheme;"


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