Smt. Chatro Devi Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/688549
SubjectProperty;Civil
CourtDelhi High Court
Decided OnMar-03-2005
Case NumberWP (C) No. 424 of 1987
JudgeSwatanter Kumar and; Madan B. Lokur, JJ.
Reported in120(2005)DLT9
ActsLand Acquisition Act, 1894 - Sections 3, 4, 4(1), 5A, 5A(2), 6, 6(1), 9, 9(1), 10, 10(1), 11A, 14, 15, 16, 17(1), 17(4), 23(1A), 30(2), 30(3), 66 and 491; Land Acquisition (Amendment) Act, 1923; Delhi Development Act - Sections 12(3); Cantonments Act, 1924 - Sections 5; Motor Vehicles Act, 1939 - Sections 68C and 68D; Motor Vehicles (Amendment) Act, 1956; Constitution of India - Articles 141 and 226; Code of Civil Procedure (CPC)
AppellantSmt. Chatro Devi
RespondentUnion of India (Uoi) and ors.
Appellant Advocate P.N. Lekhi, Sr. Adv.,; Subhash Mittal,; S. Vaidyalingam
Respondent Advocate Geeta Luthra, ; Sujata Kashyap, ; Jhumjhum Sarkar, ;
Excerpt:
- order1. by separate two judgments, we have dealt with, at length, the contentions raised on behalf of the petitioners in the above and other 80 connected writ petitions. with the exception noticed hereinafter, there is unanimity of view. the cases falling in the category specified by madan b. lokur, j. in the separate judgment would have to be referred to a third judge, in accordance with rules and practice of this court. the cases which would require reference to the third judge in regard to question and villages, should fall in the following category :-41. this being the legal position, i do not think that proceedings under section 5a of the act can be taken in such a casual manner as the respondents have done in respect of village chhatarpur, khanpur, satbari, tughlakabad, khirkee and deoli. consequently, i would, with respect, follow the view taken in balak ram-iii and hold that the inquiry under section 5a of the act conducted in respect of the petitioners in the present batch of cases who had filed objections is vitiated since it was held contrary to the principles of natural justice. of course, this would not apply to the inquiry held in respect of tigri village because no case from that village is listed in this batch of cases.2. only, the cases which fall in the ambit of the directions contained above, shall be placed before hon'ble the chief justice for reference to the third judge in accordance with law.3. except the cases specifically saved by the above paragraph, all writ petitions are dismissed, while leaving the parties to bear their own costs. the respondents including the registry of the high court shall comply with all the directions stated in the judgment without any delay. a copy of this order may also be sent to the chief secretary, government of nct of delhi.
Judgment:
ORDER

1. By separate two judgments, we have dealt with, at length, the contentions raised on behalf of the petitioners in the above and other 80 connected writ petitions. With the exception noticed hereinafter, there is unanimity of view. The cases falling in the category specified by Madan B. Lokur, J. in the separate judgment would have to be referred to a Third Judge, in accordance with rules and practice of this Court. The cases which would require reference to the Third Judge in regard to question and villages, should fall in the following category :-

41. This being the legal position, I do not think that proceedings under Section 5A of the Act can be taken in such a casual manner as the respondents have done in respect of village Chhatarpur, Khanpur, Satbari, Tughlakabad, Khirkee and Deoli. Consequently, I would, with respect, follow the view taken in Balak Ram-III and hold that the inquiry under Section 5A of the Act conducted in respect of the petitioners in the present batch of cases who had filed objections is vitiated since it was held contrary to the principles of natural justice. Of course, this would not apply to the inquiry held in respect of Tigri village because no case from that village is listed in this batch of cases.

2. Only, the cases which fall in the ambit of the directions contained above, shall be placed before Hon'ble the Chief Justice for reference to the Third Judge in accordance with law.

3. Except the cases specifically saved by the above paragraph, all writ petitions are dismissed, while leaving the parties to bear their own costs. The respondents including the Registry of the High Court shall comply with all the directions stated in the judgment without any delay. A copy of this order may also be sent to the Chief Secretary, Government of NCT of Delhi.