(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged, inter alia, the notification dated 13th of November, 1959 under Section 4, a declaration dated 2nd of January, 1969 under Section 6 award No. 150/86-87 dated 19th of September, 1986 under Section II of the Land Acquisition Act, 1894 (hereinafter referred .to as the Act.)
(2.) The petitioner has averred that he is a co-owner of land bearing Khasra No. 1125/1060/248, measuring 21 bighas 4 biswas, situated in village Haiderpur, Delhi. The said land was evacuee property at the time when the notification under Section 4 of the Act was made. The petitioner purchased it from the Custodian of Evacuee Property at an auction held on 31st of October 1960.
(3.) The land in question is a part of 34,070 acres of land in respect of which the notification dated 13th of November, 1959 had been issued. Para2 of the notification expressly excluded from applicability thereof, inter alia, "Government land and Evacuee land". Despite this, decralation and award were made in respect of the said land.