Mahant Ram Nath Chela Of Mahant ... vs Union Of India And Ors.
1990 Latest Caselaw 3 Del

JUDGMENT

S.B. Wad , J.

(1) By notification dated 20.9.1988 issued under sections 4 and 17(1), the petitioner's land was tried to be acquired by the Delhi Administration. Although Section 17 is invoked, no urgency is explicitly stated in the said notification. In CW. 3356/87 a similar notification dated 29.9.87 with identical wording, was quashed by the Division Bench of this Court by their order dated March 10, 1989. The Division Bench had also referred to the judgment of the Supreme Court in Dora Phalauly v. State of Punjab & Others .

(2) The power under Section 17 of the Land Acquisition Act is a drastic power to be invoked in a real case of emergency where the delay in the procedure for acquisition prescribed in the Act may defeat the purpose of the acquisition. When Section 17 is invoked the valuable right of the petitioner under Section 5-A is taken away. This is the reason why the Courts have been interpreting the power under Section 17 strictly.

(3) The impugned notification dated 20.9.1988 is quashed. Rule is made absolute. The writ petition is allowed with costs. Counsel fee Rs. 1,500.00 .