Case: Delhi Administration &amp; Another Vs. Kidarnath Mohindernath &amp; Another

correct. If the entire land is needed for a public purpose, it is not necessary for the Government (or here the Ld. Governor) to say in the Section 6 declaration that each piece of land is required for the public purpose. The Division Bench then mixed up this question with individual objections in each writ petition. Obviously, these individual objections of types (ii) and (iii) mentioned above can only be personal to each writ petitioner or peculiar in respect of each of the pieces of land owned. In that event, the rejection of the objections by the Land Acquisition Officer and the "satisfaction" of the Government/Lt. Governor can relate only to each of these pieces of land and not the whole. Therefore, there is no question of the Division Bench holding in its order dated 18-11-1988 that the satisfaction of the Ld. Governor in respect of the entire land is vitiated. As already stated, the satisfaction regarding public purpose was never in issue.57. It was then argued that satisfaction under Section 6 for the rest of the land not covered by the 73 writ petitioners or even where no objections are filed under Section 5-A, must be held vitiated because the objections filed in certain other cases were not properly considered by the officer and hence Section 6 satisfaction of the Ld. Governor for the rest of the land is also vitiated.58. We are unable to agree that in the cases not before the Division Bench and in particular in cases where no objections are filed, the satisfaction under Section 6 is vitiated because in some other cases, the objections which were filed were not properly disposed of. As to rejection of personal grounds of each writ petitioner, - other than the 73 writ petitions - there was no occasion for the Lt. Governor to apply his mind if objections were not indeed filed. The only question then could have been about the public purpose.59. In the present cases there is no dispute that the purpose is a public purpose. The applicant had not filed objections on grounds personally applicable to him or to this land seeking exclusion from acquisition, and the objections in that behalf must be deemed to have been waived. Such a person cannot be allowed to file a writ petition seeking the quashing of Section 5-A inquiry and Section 6 declaration on personal grounds if he had not filed objections. Points 4 and 5 are decided accordingly against the applicants."(Emphasis supplied)15. In view of the aforesaid decision, it is clear that the decision of the High Court is not correct and impugned order passed by the High Court can not be sustained. Though, aforesaid binding decision was available but it was not placed before the High Court.16. Coming to the next submission raised by learned counsel for Respondent No.1 with respect to the declaration under Section 6 whether it was issued after requisite period prescribed under proviso of Section 6 (1) of the Act. Section 6 (1) of the Act makes it clear that in computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under Section 4(1), is stayed by an order of a Court shall be excluded and this aspect has been taken into consideration in respect to the same notification by this Court in the case of Om Parkash (supra) in which it has been laid down :"71. It is also worth mentioning that each of the notifications issued under Section 4 of the Act was composite in nature. The interim order of stay granted in one of the matters i.e. Munni Lal and confirmed subsequently have been reproduced herein above. We have also been given to understand that similar orders of stay were passed in many other petitions. Thus, in the teeth of such interim orders of stay, as reproduced herein above, we are of the opinion that during the period of stay the respondents could not have proceeded further to issue declaration/notification under Section 6 of the Act. As soon as the interim stay came to be vacated by virtue of the main order having been passed in the writ petition, the respondents, taking advantage of the period of stay during which they were restrained from issuance of declaration under Section 6 of the Act proceeded further and issued notification under Section 6 of the Act.72. Thus, in other words, the interim order of stay granted in one of the matters of the landowners would put complete restraint on the respondents to have proceeded further to issue notification under Section 6 of the Act. Had they issued the said notification during the period when the stay was operative, then obviously they may have been hauled up for committing contempt of court. The language employed in the interim orders of stay is also such that it had completely restrained the respondents from proceeding further in the matter by issuing declaration/notification under Section 6 of the Act."17. Thus submission is liable to be rejected. Apart from that we find that this objection had not been pressed rightly, in view of the aforesaid decision, before the High Court. We are of the opinion that no case for interference is made out on this ground also.18. It was submitted by the learned counsel for Respondent No.1 that in one such other case, Delhi Administration has accepted a judgment of Delhi High Court thus could not have questioned the order passed by the High Court in the case of the Respondent No.1 only. We are not inclined to accept the submission raised by the learned counsel for Respondent No.1, firstly, for the reason that there is no concept of negative equality, secondly, apart from that, this Court has already decided the matter in the decisions mentioned above which were binding and not brought into the notice of the High Court. Thus, illegal order cannot be permitted to survive.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]11. After hearing learned counsel for the parties, we are of the considered opinion that notification issued under Section 4 of the Act was with respect to the large chunk of area, comprised in several villages, approximately 50,000 bighas was proposed to be acquired. Though, it is true that notification issued under Section 4 of the Act intended to exempt the land, with respect to which building plans, had been sanctioned before 05.11.1980. The notification under Section 4 was with respect to the entire area in villages, it was necessary to claim exemption and there was no other mechanism available with respect to the ascertainment of the sanction of the building plan before 05.11.1980, with respect to the particular piece of land, it was to be claimed by filing objections under Section 5 A of the Act.12. In the instant case, inquiry under Sectionhad been held and the lands in question were proposed to be acquired and certain other lands were to be excluded as per notification. The Report under Sectionhad been accepted by appropriate Government and thereafter declaration under Section 6 had been issued. According to the report under Sectionthe land of Respondent No.1 came to be included in the acquisition by virtue of the final declaration issued under Section 6.13. Admittedly, Respondent No.1 did not file any objection under Sectionto seek exemption from acquisition on the basis of the aforesaid sanction. It was incumbent upon Respondent No.1 to have claimed such an exemption from acquisition, otherwise the land of the entire village was notified under Section 4 for the purpose of acquisition. Having failed to do so, it is apparent that he has waived his rights on the basis of so called sanction as it was not made the basis for claiming exemption and in the circumstances when the claim had not been raised for exemption of land, inquiry under Sectioncannot be termed as illegal and consequently declaration under Section 6. Otherwise several complications and piquant situations may arise if it is held that it was not necessary to participate in inquiry to claim exemption then it would not be possible to give finality to declaration under Section 6 and it would have to be quashed time and again on such claims for exemptions not set forth at the stage of inquiry under Sectionof the Act.14. The only purpose of the inquiry is to ascertain which land is to be excluded from acquisition. In such circumstances, when the land was so to be excluded from acquisition on the basis of exceptions mentioned in the Notification under Section 4, it had to be claimed. It would not follow automatically, such exceptions as reflected in Notification under Section 4 find place in other schemes also. However, such exemptions have to be claimed either on the basis of scheme or on the basis of notification in the course of inquiry. Having failed to do so, the final declaration under Section 6 of the Act which had been issued could not be termed illegal.15. In view of the aforesaid decision, it is clear that the decision of the High Court is not correct and impugned order passed by the High Court can not be sustained. Though, aforesaid binding decision was available but it was not placed before the High Court.Thus submission is liable to be rejected. Apart from that we find that this objection had not been pressed rightly, in view of the aforesaid decision, before the High Court. We are of the opinion that no case for interference is made out on this groundare not inclined to accept the submission raised by the learned counsel for Respondent No.1, firstly, for the reason that there is no concept of negative equality, secondly, apart from that, this Court has already decided the matter in the decisions mentioned above which were binding and not brought into the notice of the High Court. Thus, illegal order cannot be permitted to survive.