DELHI DEVELOPMENT AUTHORITY Vs. SHYAM SUNDAR KHANNA

JUDGEMENT

(1.) Leave granted. Heard parties.

(2.) This appeal is filed against the judgment of the High Court of Delhi dated 31st March, 1997 in LPA No. 50 of 1997. Briefly stated the facts are: that the concerned property was evacuee property which was auctioned on 22nd June, 1959. In that auction the respondents were declared as the successful bidder. Instead of paying the price, they asked for adjustment of the price against the compensation claims they had as evacuees.

(3.) Notification under Section 4 of the Land Acquisition Act was published on 13th November, 1959. That Notification excluded the Government lands and evacuee properties. A sale certificate came to be issued in favour of the respondents on 31st January, 1961 wherein it has been declared that they were the purchasers with effect from 1st October, 1960. Thereafter Notification under Section 6 was issued on 2nd January, 1969. An award came to be passed on 17th February, 1982. Possession of one of the pieces of land, namely, Khasra No. 2140/202 was taken on 4th March, 1982. This land was then placed at disposal of Delhi Development authority on 23rd March, 1982. On 19th September, 1986 a supplementary award was passed and on 22nd September, 1986 possession of the other piece of land i. e. Khasra No. 4147/210 was also taken over and handed over to the Delhi Development Authority.