MANOHAR LAL ATREE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) The petitioner was owner of land being khasra Nos. 515 min, 515 min and 515 min totalling 8 bighas 8 biswas in village Sat Bari. Delhi. In respect of the said village notifications under Sections 4 and 6 of the Land Acquisition Act were issued. The said notifications were challenged in a writ petition being Civil Writ No. 1639 of 1985 Balak 'Ram Gupta v. Union of India and others' 37 (1989) DLT 150. Vide judgment dated 18th November, 1988 the said notifications were quashed.

(3.) Thereafter another bunch of writ petitions was filed being Civil Writ No. 51 of 1989, Balbir Singh and am. v. Union of India=39 (1989) DLT 233. In this writ petition it was stated that where the possession has not been taken by the Delhi Admn. they should be restrained from doing so and where possession has been taken the same should be returned. This was with regard to land situate in those villages whose notifications had been quashed by the judgment of this Court in Balak Rain's case. Byjudgment dated 16th May, 1989 in Balbir Singh's case the Court passed orders directing the respondents not to take possession of land pursuant to the notifications under the Land Acquisition Act which had been quashed. It was fCurther directed that if possession had been taken over then all the land owners returning the compensation along with interest @ 12% which may have been received then the possession would be restored by the Delhi Admn.