BHIMANDAS AMBWANI Vs. DELHI POWER COMPANY LIMITED

JUDGEMENT

(1.) These appeals have been preferred against the impugned judgment and order dated 22.3.2002, passed by Delhi High Court in LPA No.46 of 1983 and judgment and order dated 21.5.2002 passed in Review Application C.M. No.893 of 2002 therein by way of which the appeal filed by the respondents against the judgment and order of the learned Single Judge dated 26.11.1982 had been allowed.

(2.) Facts and circumstances giving rise to these appeals are that :-

(3.) Shri Arvind Kumar and Ms. Henna George, learned counsel appearing for the appellant have submitted that there had been 3 successive Notifications under Section 4 of the Act. Therefore, the second Notification superseded the first and the third Notification superseded the second notification. In response to the first Section 4 Notification there was no award as the Land Acquisition Collector considered that the suit land belonged to the Central Government. The supplementary award was made subsequent to the second Section 4 Notification making reference to the first Section 4 Notification dated 5.3.1963 which had already elapsed. The learned Single Judge has rightly decided the issue and in pursuance of the same once the third Section 4 Notification was issued on 26.3.1983 and no further proceedings were taken, it also stood elapsed. Therefore, in law, there had been no proceedings regarding acquisition of the land in dispute. The respondent-authorities cannot be permitted to encroach upon the land of the appellant without resorting to the procedure prescribed by law. The Division Bench erred in reversing the judgment of the learned Single Judge under the misconception that there was a valid award in respect of the land in dispute as it could be made referable to Notification under Section 4 dated 7.10.1968 and therefore, the appeals deserve to be allowed.