ROMESH CHAND CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Late Nanak Chand father of petitioners 1 to 5 and father-in-law of petitioner no,6 purchased land measuring 9 bighas 10 biswas situated in the revenue estate of village Mehrauli, Delhi in an auction held on 5th day of September, 1959 under Section 20 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 and was declared the purchaser w.e.f. 7th day of October, 1964. A certificate of sale was issued in favour of Nanak Chand dated 1/12/1964. Similarly Nanak Chand purchased land bearing khasra No.1573 measuring I bigha 17 biswas situated in the revenue estate of Village Mehrauli in an auction held on 27th day of December, 1960 and was declared the purchaser w.o.f. 28th day of September, 1964. A certificate of sale was issued in favour of Nanak Chand dated 29/09/1964.

(2.) It is the case of the petitioner that pursuant to the certificates of sale having been issued Nanak Chand took possession of the aforesaid land. The copies of sale certificates are annexed with the writ petition. Nanak Chand died in the year 1978. Petitioners inherited the rights of the aforesaid land. It is the case of petitioners that when one of the petitioners went to the office of Tehsildar Mehrauli for demarcation of the land for the purposes of fencing the same, as the area around the land was being encroached by unauthorised occupants, he came to know that the land which was purchased by late Nanak Chand was acquired vide two separate awards on the basis of the notification issued under Section 4 of the Land Acquisition Act on 13.11.1959.

(3.) It seems that thereafter notices under Section 6, 9 and 10 was also issued and award was made on 12.1.1983 and 25.3.1983. The petitioners have challenged the issuance of the award in relation to the land in question on the ground that no award could have been made in respect of the land of the petitioners as the said land was an evacuee property and challenged notification under Section 4 and 6 and other subsequent notifications as well as awards under the notification qua the land of the petitioners.