MAGNUM PROMOTERS P. LTD. Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: DELHI)
Magnum Promoters P. Ltd.
UNION OF INDIA
Click here to view full judgement.
(1.)This I.A. No.3 of 2014 in Civil Appeal No. 4284 of 2011 is filed by the appellant seeking for direction and appropriate orders for disposal of this appeal in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act of 2013'). The appellant-land owner has come to this Court questioning the correctness of the judgment and order dated 16.05.2008 passed by the High Court of Delhi in W.P.(C)No. 3695 of 1999, inter alia, urging various facts and legal contentions.
(2.)Brief facts of the case are stated hereunder:
The appellant is the lawful owner of the land comprised in Khasra Nos. 750 Min (1-2 ) and 751 Min (0-18) situated in the revenue estate of Village Malikpur, Kohi alias Rangpuri, Tehsil Mehrauli in the National Capital Territory of Delhi (for short 'NCT, Delhi'). The Municipal Corporation of Delhi (MCD) vide its sanction bearing No. S.N.406/B/HQ/17/148/AE (B) HQ III dated 12.07.1990 gave sanction for constructing the farmhouse from common land. On 17.12.1993, the Completion Certificate with regard to the farm house on the land in question was issued to the appellant by the MCD. On 27.06.1996, the Government of National Capital Territory issued Notification No.F.9 (12)/95 /L&B/LA/8474 dated 01.06.1995 under Section 4 of Land Acquisition Act, 1894 (in short 'the repealed L.A. Act') for the acquisition of the different parcels of land including an area measuring 369 bighas and 1 biswa situated in the revenue estate of village Malikpur Kohi alias Rangpuri in the NCT, Delhi. The above said notification issued for acquisition of the land covered the land and building owned by the appellant bearing Khasra No. 750 for 3 bighas and Khasra No.751 for 3.12 bighas. The public purpose mentioned in the said acquisition notification was for development of Vasant Kunj Phase IV.
(3.)On 24th June, 1997, a declaration under Section 6(1) of the repealed L.A. Act was issued by the NCT, Delhi in respect of the land sought to be acquired including the land owned by the appellant. On 9th June, 1999, notices under Sections 9 and 10 of the repealed L.A. Act with regard to the land in question were issued by the Land Acquisition Collector to the appellant. On 15th June, 1999, the appellant filed a writ petition (c) No. 3695 of 1999 before the High Court of Delhi, questioning the legality of the aforesaid acquisition notifications published under Sections 4 and 6 of the repealed L.A. Act urging various grounds. Other similarly placed land holders also challenged the said two notifications before the High Court.
Copyright © Regent Computronics Pvt.Ltd.