Parveen Gupta and Others vs Union of India and Others

S.B. Wad, J.

(1) On 9-2-1989 the Delhi Administration issued a notification u/s 4 of the Land Acquisition Act read with Section 17 of the Act. The notification in question, does not state as to what was the urgency in invoking the provision of Section 17 and depriving the petitioner of the right of being heard u/s 5-A of the Act,. On 7th February. 1990, a notification under Sec. 6 of the Land Acquisition Act has now been issued and the Collector is directed to take orders for the acquisition of the land. From this notification it is clear that taking possession of the land was thus delayed by one year which shows that there was no urgency when Section 4 notification was issued. The facts of this case are fully covered by the decision of the Supreme Court in Dora Phalauli Vs. State of Punjab and Others, and the decision of this Court in Dhani Ram and Others Vs. Union of India and others (C.W. No. 3356/87) decided on 10.3.1989. The writ petition succeeds. The rule is made absolute. The notification u/s 4 and u/s 6 of the Land Acquisition Act qua the petitioner is quashed. No orders as to costs.

(2) The writ petition is disposed of.