MITHLESH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been preferred under Article 226 of the Constitution of India to seek the quashing of the notification dated 27.04.2010 issued under Section 4 of the Land Acquisition Act, 1894 (the Act) and the consequent declaration issued under Section 6 of the Act dated 21.03.2011 in respect of the land comprised in Khasra No.835 min, 836 min, 837 min, 838 min, 839 min and 840 min, admeasuring 6800 sq. yds situated in the revenue estate of Village Tihar, Tehsil Rajouri Garden, G- Block, Hari Nagar Extension, Delhi (referred to as the said land). Since the issues arising in these petitions, and the reliefs sought are the same, we have heard common arguments and proceed to dispose them of with this common judgment.

(2.) W.P.(C.) No.3726/2011 has been preferred by five petitioners, i.e., Sh. Rameshwar Gopal, Sh. Ashish Dewan, Smt. Vandana Srivastava, Ms. Ruby Dewan and Ms. Swati Gopal, who claim to be the legal heirs of late Sh. Bans Gopal, the original recorded owner of the said land, who is stated to have died in 1979. Petitioner no.1 Sh. Rameshwar Gopal is the son of late Sh. Bans Gopal, whereas petitioner nos.2 to 4 and respondent nos.4 and 5 are legal heirs of late Rajeshwar Gopal, deceased son of late Sh. Bans Gopal. Petitioner no.5 is the daughter of late Sh. Shiveshwar Gopal, who is also a deceased son of late Sh. Bans Gopal. Respondent no.1 is the Union of India, respondent no.2 is the GNCT of Delhi and respondent no.3 is the MCD.

(3.) W.P.(C.) No.3725/2011 has been preferred by various persons claiming to be owner of the shops in the structure constructed on land forming part of Khasra 837 min, 838 min and 839 min having an approximate area of 621.11 sq. mtrs. from out of the said land.