SHRI OM PRAKASH SABHARWAL Vs. UOI & ANR.

JUDGEMENT

(1.) THIS writ petition makes challenge to a notification dated 3rd September, 1957 under Section 4 of the Land Acquisition Act, 1894 and a declaration under Section 6 thereunder dated 3rd April, 1964 in respect of the land over which the petitioner claims ownership which forms a part of Khasra No. 601/483, village Hamayunpur in the Union Territory of Delhi inter alia Government of NCT of Delhi.

(2.) THE facts giving rise to the present writ petition to the extent necessary are briefly noticed hereafter. The petitioner claims to have purchased by a sale deed dated 18th November, 1950, 556 sq. yards of land out of 2 bighas of land owned by Sardar Prithipal Singh in Khasra No. 601/483 in village Hamayunpur. This deed evidences that the plot which was purchased by the petitioner was bounded on the North by the land of Mr. A.K. Ghatak; South by 16 feet road; West by 16 feet road and; on the East by the land of Sardar Prithipal Singh. It is urged that the possession of Om Prakash Sabharwal, who had filed the writ petition, is evidenced in the years 1984 -85 and 1985 -86 by the Revenue record which is in the nature of Khasra Girdavari drawn up in the year 1987. This revenue record reflects the petitioner (Om Prakash Sabharwal) as being in possession of 0.5 biswas of land in khasra No. 601/483/30/1.

(3.) ALL the parties before the Court have placed reliance on the Award No.2121 dated 29th June, 1968 which came to be made by the Land Acquisition Collector in respect of the land which was the subject matter of the afore noticed notification and declaration. So far as the land in respect of which this writ petition is concerned, the award has recorded that an area measuring 8 biswa out of the Khasra No. 601/483/1/1 (00 -03) and 601/483/2 (00 -05), on which the house of Sh.S.P.Sen Gupta stands, is excluded from the proceedings in accordance with the D.O.Letter No. F.7(52)/62 -L&H dated 29th February, 1968 from the Land & Building Department, Delhi Administration.