LAWS(DLH)-2002-7-31

BRIJ RANI Vs. UNION OF INDIA

Decided On July 08, 2002
BRIJ RANI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These are regular second appeals against the common judgment dated 25th October, 1980 passed by Addi-District Judge, Delhi whereby decree for possession passed by Sub Judge Delhi on 27th February, 1979 in favour of appellants was set aside.

(2.) Facts are broadly admitted. The suit land bearing khasra no.1424/958 measuring 17 bighas 13 biswas situated in the revenue estate of Bahapur, Delhi originally vested in the appellants. So much so 'jamabandi' of the land still stands in the names of the appellants. Under Section 3 of the Resettlement of Displaced Persons (Land Acquisition) Act no.40 of 1948 (hereinafter referred to as 'Act'), the said land was notified for acquisition for the purpose of Kalka colony for resettlement of displaced persons vide notification no .F .I( 71)/48~LSG (i). The Land Acquisition Collector made the award on 30.5.1962 to the effect that the land in question along with several other khasra numbers had been released from acquisition for the reason that it was out of scheme and as such no compensation was awarded. Subsequently another award dated 31.8.1962 by Sh.M.L.Mongia was passed wherein it was observed that since the land stood already acquired no compensation was payable.

(3.) On 20.6 ,.1967, appellants served notice under Section 80 CODE OF CIVIL PROCEDURE, 1908 to respondent-UOI calling upon the latter to handover possession because of release of land from acquisition. Receiving no response to the said notice, the appellants filed instant suit for possession. Suit was decreed vide judgement dated 11.3.3.969 on the ground that since land had been released from acquisition, same vested in the appellants and as such they were entitled for compensation. The said judgment was appealed against before the learned Addl. District Judge. The then Addl. District Judge remanded the case back to the Sub Judge with the direction that society named East Punjab Railway Refugees Rehabilitation and House Building Cooperative Society who had been given possession by UOI be impleaded as a party being interested party.