SARUP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) An order dated 3/09/2001 passed by a learned Single Judge of this Court in CWP 5364/2001 has been questioned in this Letters Patent Appeal, whereby and whereunder notice has been issued to the respondent to show cause as to why the petition be not admitted limited to the extent as to why the petitioner is entitled to the allotment of alternative plot of land and as to why no reference under Section 18 has been made to the Court of the District Judge for enhancement of compensation.

(2.) Appellant was owner-Bhumidar of certain land in revenue estate of village Maidan Garhi, Delhi. The said land was acquired in relation to which Award No. 23/86-87 was passed. The appellant has also received payment of compensation in terms of the said award.

(3.) The notification under Section 4 of the Land Acquisition Act, 1894 was issued in respect of 13 villages. Admittedly, one Balak Ram Gupta filed a writ petition questioning the said notification in relation to one of the villages and the same was quashed by the Court. Contention of the appellant is that as the judgment of this Court in the said writ petition was a judgment in rem, and thus the learned Single Judge ought to have issued rule nisi in respect of all the prayers of the appellant.