DELHI ADMINISTRATION Vs. PAWAN KUMAR

JUDGEMENT

(1.) The challenge in the present appeal is to a judgment and order dtd. 3/2/2015 whereby the writ petition filed by the respondents was allowed in view of the earlier judgment of the Delhi High Court in Gyanender Singh and Ors. v. Union of India and Ors (W.P.(C) No. 1393 of 2014).

(2.) The respondent purchased the land measuring 7 Bigha 1 Biswa situated in village Sayoorpur, Tehsil- Mehrauli, New Delhi on 25/11/2011. The original land owner had filed a Writ Petition No. 2276 of 1985 challenging the notifications under Ss. 4 and 6 of the Land Acquisition Act,1894 (For short the Act) dtd. 25/11/1980 and 20/5/1985 respectively. The Land Acquisition Collector had announced the award on 14/5/1987. The said writ petition filed by the original land owner was dismissed on 3/3/2005 in view of the order passed on the same date in Chatro Devi v. Union of India and Ors. 2005 SCC Online Delhi 279. Subsequently, a review application was filed by the original land owner inter alia on the ground that the objections filed under Sec. 5A were not considered. It was found by the High Court that the original land owner has not given any date of filing of the objection, nor the details as to when and before whom the objections were filed. The objections were not attached with the writ petition either. Consequently, the review application was dismissed on 27/4/2006. It was thereafter, the purchaser has purchased the property on 25/11/2011.

(3.) The Division Bench in Gyanender Singh noticed the payment deposited by the appellant and held as under: