MAHENDER PAL SINGH Vs. GOVT. OF NCT OF DELHI
HIGH COURT OF DELHI
MAHENDER PAL SINGH
GOVT. OF NCT OF DELHI
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MAHINDER NARAIN, J. -
(1.)DESPITE various orders passed by us from time to time, including orders dated 15.11.1995, 29.1.1996, 15.2.1996 and 19.3.1996, no notification or award has been produced before us which would indicate that the land in Khasra No. 642/148 measuring 2 bighas and 6 biswas situate in village Sultanpur Majra, has been acquired under the provisions of Land Acquisition Act. Neither Section 4 Notification, nor Section 6 Notification is produced.
(2.)ARTICLE 300-A of the Constitution of India mandates that "no person shall be deprived of his property save by authority of law." The authority to deprive a person of his property stems from the Land Acquisition Act under which notifications under Sections 4 and 6 are required to be issued for acquisition of property.
As stated above, no such notification has been produced. Apparently, the petitioner has been deprived of his land without authority of law.
(3.)IN the counter affidavit which has been filed by the respondent No. 2, Shri P.C. Chaturvedi, who was then working as Land Acquisition Collector (PN), he has categorically stated in Para 3 that "The land in question has neither been acquired nor the physical possession taken over by the LAC (PN)."
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