KATHURIA PUBLIC SCHOOL Vs. UNION OF INDIA

JUDGEMENT

(1.) Land measuring 80 bighas 7 biswas comprised in Khasra Nos. 1726 (3-3), 1727 (4-16), 1728 (2-12), 1729 (6- 14), 1747 (4-16), 1748 (4-16), 1749 (4-16), 1750 (4-16), 1751 (4-16), 1752 (4-16), 1753 (3-5), 1754 (6-2), 1755 (4- 16), 1756/2 (3-4), 1757/2 (3-4), 1875 (4-16), 1876 (4-16) and 1877 (4-3) in village Rangpuri alias Malikpur Kohi (Vasant Kunj) Tehsil Mehrauli was notified under Sections 4 & 6 of the Land Acquisition Act vide notifications dated 23.1.1965 and 26.12.1965 respectively followed by an award passed in the year 1981. The case of the petitioner is that possession of the aforesaid land was not taken by the Government whereas the case of the respondents is that possession of the entire land except 9 biswas was taken on 31.3.1981 and was handed over to DDA vide notification dated 19.5.1981 issued under Section 22(1) of Delhi Development Act. The aforesaid land was purchased by petitioner No.3 Shri Ram Saroop Kathuria as karta of a HUF consisting of himself and his sons, vide sale deed dated 18th April, 1967 executed by Smt. Saroopi Devi, Smt. Sarjo and Smt. Bartho in his favour.

(2.) The acquisition of land was challenged by the petitioners by filing Civil Writ Petition No. 586/1981. An interim order was passed by this Court on 24.3.1981, directing status quo with respect to possession of the land subject matter of the Writ Petition. The interim order, which is alleged to have been served on Land & Building Department of Government of NCT of Delhi on 31.03.1981, was confirmed on 10.4.1981.

(3.) Vide representation dated 17.8.1995 the petitioners sought release of the aforesaid land under Section 48 of Land Acquisition Act. The Writ Petition came to be dismissed in terms of Full Bench decision of this Court in Roshnara Begum?s case dated 24.12.1995. The petitioner filed a Special Leave Petition in Supreme Court against the order of the Full Bench. The Special Leave Petition came to be dismissed by Supreme Court on 1.11.1996. During the course of hearing before the Supreme Court Mr. N.N.Goswami, Counsel for the respondent made a statement that the Government will consider each of the structures and take decision in that respect.