AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant in this Letters Patent Appeal had challenged dated 10/10/1978 passed by the learned Single Judge of this Court dismissing the Writ Petition of the appellant. In the writ petition the appellant had prayed for quashing of notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, for short) as well as for quashing the award dated 27/07/1973 made under Section 11 of the Act. The learned Single Judge had dismissed the writ petition principally on the ground that section 48 of the Act provided the only way by which the Government could withdraw from the acquisition of any land.

(2.) . The aforesaid Letters Patent Appeal was ultimately allowed by the Division Bench of this Court vide judgement dated 23/03/1992 whereby and whereunder notifications dated 13/11/1959 and 1/01/1969 in respect of the Suit land were quashed and so also the award dated 27/07/1973. The Division Bench noted in the judgement that notwithstanding the notification under Sections 4 and 6 of the Act and the Land Acquisition Collector acquiring the land in question, the respondent had sanctioned the building plans of the appellant. The Court also noted the background under which Delhi Development Authority (hereinafter referred to as DDA, for short) had sanctioned the building plans. The Court also recorded the submission of the appellant to the effect that after the sanction of the plans, the appellant had constructed a building on the land in question.

(3.) . Seven years after the aforesaid judgement, Maharani Bagh Residents Welfare Association (hereinafter referred to as applicant, for short), which was not party to the proceedings, filed CM. 1499/99 for recalling of judgement and Order dated 23/03/1992. In this application it is alleged that the appellant has played fraud on this Court.