RAM RAKHI Vs. UNION OF INDIA

JUDGEMENT

(1.) A question seemingly of some importance is involved in these two writ petitions, as to whether a notification under Section 4(1) of the Land Acquisition Act, 1894 (in short the "said Act") as also Section 17 thereof, can be issued by a competent authority, pursuant to a direction issued by this Court.

(2.) The factual matrix of the matter is being noticed from CWP No.7648/00.

(3.) The petitioner therein purchased 149.5 sq. yds. of land in Khasra No.573, Village Chandawli alias Shahdara, in the year 1958. A notification under Section 4 was issued for 1 bigha 19 biswas on 13/11/1959; whereafter, a declaration under Section 6 of the said Act was also issued on 1/11/1966. About 26 acres of land at the rear of the petitioner's plot had been allotted to Delhi Police by Delhi Development Authority (in short the "DDA") in October 1980. A portion of the petitioner's premises was allegedly demolished by Delhi Police, while erecting its boundary wall, leading to the petitioner filing a suit bearing No.857/85 on 20/07/1985. The DDA, however, later on certified that the said plot belonged to the petitioner and not to the police authorities. In the meantime, having regard to the fact that no award was made, the notification dated 1/11/1966 lapsed on 23/09/1986, in terms of the provisions of the Land Acquisition (Amendment) Act, 1984.