PRITHI PAL SINGH Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) The Petitioners purchased land measuring 5 bighas and 2 biswas in khasra No. 42/2 situated in the Revenue Estate of Village Humayupur along with some built up structure vide a sale deed dated 19.10.1951.

(2.) It is the claim of the Petitioners that they constructed a bunglow and an ice factory on their land and with the passage of time, an unauthorized colony known as Krishna Nagar Colony came up on the adjoining land. The Petitioners claim that their land is also a part of the lay out plan of the said unauthorized colony which had been regularized by the Respondents vide Resolution No. 62 dated 25.06.1981. A notification was issued under Section 4 of the Land Acquisition Act, 1894 ("the said Act? for short) on 03.09.1957 which included the lands falling in Khasra No. 42 of which the land of the Petitioners being khasra No. 42/2 was a part.

(3.) In the meantime, the DDA was constituted under the Delhi Development Act, 1957 and MPD-1962 came into force on 01.09.1962. A declaration under Section 6 of the said Act was issued on 20.02.1963 which included the land measuring 1 bigha and 2 biswas of the Petitioners followed by an award No. 1662 dated 15.01.1964 pertaining to the same and possession was also taken over. The second declaration under Section 6 of the said Act was, however, issued on 04.01.1969 which included the land measuring 5 bighas and 2 biswas situated in khasra No. 42/2. The Petitioners claimed silence on the part of the authorities thereafter till the notices were issued under Sections 9 and 10 of the said Act on 26.12.1975. The Petitioners laid a challenge to the acquisition proceedings by filing Civil Writ Petition No. 641/1978 but the same was withdrawn on 29.08.1978 as the writ petition was belated. This resulted in an award bearing No. 38/78-79 being passed on 23.01.1979 in respect of the suit land which assessed the compensation for the land and structure thereon.