MOHAMMAD ISHAQ Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioners, four In number, have filed this writ petition seeking a writ or direction, to the respondents not to'demolish houses bearing No.86-A to 86-A/IV on Khasra No.17, revenue Estate of Bhalol Pur Khadar, Sarai KaleKhan, New Delhi. Petitioners also seek a prohibition on the respondents from dis-possessing them from their houses. Protection and recognition of their civil rights is also sought.

(2.) Petitioners case is that their forefathers were residing in Kacha houses/Jhuggis built on the land, comprised in Khasra No.17, prior to partition. It is claimed that the land forms part of the abadi of the village Sarai Kale Khan. the predecessors-in-title of the petitioners, it Is claimed had sold part of the land. In the Jamabandi of 1948-49, name of Falza, late father of petitioner Nos.1 and 2, had been duly entered. A Mosque and a Madarasa were constructed on part of this land in course of time. Petitioners aver that the respondents are seeking to demolish their houses and dis-possess them on the ground that the land in question stands acquired.

(3.) Petitioners admit that in 1959, a notification under section 4 of the Land Acquisition Act was duly issued, which Covered Khasra No.17 also. It is, however, claimed that since the number of built up houses on the land were more than 260, the possession of land and built up structures was not taken up by the respondents even after the notification. Petitioners submit that even though the award had been passed, petitioners neither filed any claim for compensation nor received any compensation. Petitioners did not apply for any increase in compensation by filing a reference or an appeal for enhancement.