SUKHBIR SINGH Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) THE three petitions have been filed for restraining the respondents from dispossessing the petitioners from the land in village Neb Sarai which the petitioners claim to be in their possession. THE petitioners admit that the said land has been the subject matter of acquisition and award has been published. THEy however state that they have neither received any compensation nor have they been dispossessed from the land as yet. THEy claim, that possession of other adjoining lands which were also acquired vide the same notification and with respect whereto also award has been published, has also not been taken; that the acquired land has already been built upon and the colony of Sainik Farms has come up thereon and thus the entire purpose of acquisition stands frustrated and thus they are not liable to be disposed in pursuance to acquisition. THE petitioners also claim to have made representations under Section 48 of the Land Acquisition Act, 1894 for de-notification of the land. THEy, in alternative to the above relief claim the relief of restraining their dispossession from the said land till at least the decision on their representations.

(2.) NOTICE of the petitions was issued but no interim relief against dispossession granted till now.

(3.) THE counsel for the petitioners however contends that possession in fact has not been so taken over and seeks adjournment to verify the correctness and genuineness of the possession taken report filed by the respondents. He also contends that since the petitioners continue in possession at site, the said possession taken report cannot be genuine. It is further demonstrated from the photographs filed along with the petitions that the structures /buildings of the petitioners on the land continue to exist and the petitioners continue to be in use and occupation thereof. Reference is also made to the revenue records to contend that the possession of the petitioners of the said land continues to be recorded.