MEERA SAHNI Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) The award with respect to land in dispute was made on 12/12/1997 as per the provisions of the Land Acquisition Act, 1894. According to the learned counsel for the petitioners the respondents cannot take any proceedings for taking possession of the petitioners' land under Section 16 of the said Act.

(2.) He relies on the provisions of the Delhi Lands (Restrictions on Transfer) Act, 1972 (hereinafter referred to as the 1972 Act) in support of his contention. The facts are that the petitioners purchased the land in question on 5/06/1980. The land was admittedly notified under Section 4 of the Land Acquisition Act as per notification dated 24/10/1961. The declaration under Section 6 of the said Act was issued on 4/01/1969.

(3.) As per the case of the petitioners the vendors had obtained permission under Section 5 of the Delhi Land (Restrictions on Transfer) Act, 1972 for transfer of the land and the petitioners purchased the same on the strength of the said permission. The entire case urged before us on behalf of the petitioners is based on the alleged permission under Section 5. At this stage it will be appropriate to refer to the relevant provisions of the 1972 Act.