AVADH BEHARI ROHATGI, J - (1.)Order of reference : The first and the second petitioners claim to be owners of land measuring about 4000sq. Yards of field No. 1102 in the triangular part of village (3ari Naraina on Ring Road. This land forms part of Delhi Cantonment.
(2.)The petitioners, land was acquired by the Union of India, respondent No.l. On October 24, 1961, the Chief Commissioner issued , notification under S. 4 of the Land Acquisition Act (the Acquisitior Act) that 16,000 acres of land is intended to be acquired by the .Goverrment "for the planned development of Delhi". On January 2, 1969, the Lt. Governor issued a notification under s. 6 of the Acquisition Act.
(3.)By a Defence Department notification dated May 2, 1942. issued in exercise of the powers conferred by sub-s. (3) of s. 4 of the Cantonments Act 1924 t!e Central Government included the petitioners, land wifhin the limits or the Delhi Cantonment. The petitioners' case is that their land being situated in Delhi Cantonment cannot be acquired by the Central Government for the named public purpose, that is, the planned development of Delhi. It is contended that Delhi Development Act 1957 (the Act) and the Master Plan (the plan) framed thereunder have no application to the cantonment areas and, therefore, the acquisition is without authority of law.