SARASWATI DEVI Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By way of this petition, petitioner seeks quashing of the acquisition proceedings in respect of property comprised in Khasra No.368 measuring 5 bighas 19 biswas in Village Misjid Moth, New Delhi as well as the notification dated 7th March 1962 issued by Delhi Administration and the LAC Case No.72/85 pending in the Court of Addl. District Judge (Land Acquisition Court).

(2.) Briefly the facts are, the property comprised of Khasra No.368, measuring 5 bighas, 19 biswas was notified to be sold as a Government property by public auction on 21.6.1958. The late husband of the petitioner being displaced person bid for the same which was accepted as the highest bid. Ministry of Rehabilitation, Government of India vide letter dated 31.10.1960 directed delivery of provisional possession of the aforesaid property subject to terms of the Indemnity Bond. No title was given. The husband of the petitioner died on 6th June 1970. A sum of Rs.14,992/- was demanded by the Ministry of Rehabilitation, Govt. of India vide letter dated 16.6.1980 towards balance sale consideration which was deposited by the petitioner. Certificate of Sale dated 22.8.1980 was issued in favour of the petitioner which was duly registered on 15.7.1981. Title of the said property stood transferred in favour of the petitioner.

(3.) However, one Mr. Chhugani, a friend of the petitioner, received a notice in LAC Case No.72/85 which was communicated to the petitioner. The petitioner inspected the records and learnt that the land acquisition proceedings were taken in respect of the said land and pursuant thereto the land was acquired. Notification under Sections 4, 6 and 17 of the Land Acquisition Act was issued in 1962 followed by an award No.1351 dated 30.6.1982.