RAJIV CHOWDHRIE HUF Vs. UNION OF INDIA & ORS

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

I.A. No. 4 of 2014

IN

CIVIL APPEAL NO.8785 OF 2013

RAJIV CHOWDHRIE HUF ………APPELLANT

Vs.

UNION OF INDIA & ORS. ………RESPONDENTS

 

The appellant Hindu Undivided Family (for short HUF) purchased land comprising of Khasra Nos. 569,575, 581, 586, 591, 592 (New Khasra Nos. 27/9, 12, 19,22, 36/2, 9) on 07.06.1984 in all measuring 27 bighas situated in the revenue estate of village Bamnauli, Tehsil Mehrauli (presently Tehsil Vasant Vihar, Kapashera), New Delhi. On application made by the appellant, the Municipal Corporation of Delhi (MCD)vide Sanction Letter No.972/B/HQ/84 dated 23/01/1985sanctioned the plan for constructing a farm house on part of the said land. In January 1985, the appellant constructed a farm house on the aforesaid land, which was in accordance with the plan duly sanctioned. After the completion of the construction, the MCD issued a completion certificate dated 06.11.1985 to the appellant. On 26.11.2004, the Government of National Capital Territory (NCT) issued the notification dated I.A. No. 4 of 2014 in C.A. No. 8785 of 2013 304.11.2004 under Section 4 of the repealed Land Acquisition Act, 1894 (for short ‘the L.A. Act’) in respect of land area measuring 2100 bighas and 06 biswas in respect of village Bamnauli, Tehsil Mehrauli. The public purpose mentioned in the notification under Section 4 of the L.A. Act was for construction of Dwarka, Phase II, the land of the appellant was covered in the said notification. The appellant filed his objections under Section 5A of the L.A. Act before the Land Acquisition Collector (for short ‘LAC’), South West Delhi opposing the proposed acquisition for public purpose. Thereafter, on 10.11.2005, the declaration notification under Section 6(1) of the L.A. Act dated 31.10.2005 was published in the government Gazette in respect of the land sought to be acquired including the land owned by the appellant….read more