PURAN CHANDRA MATHPAL Vs. UOI

JUDGEMENT

(1.) THE writ petition was filed impugning the Award No.4/97-98 dated 5th December, 1997 of the Collector, Land Acquisition, on the ground of being in violation of Section 11A of the Land Acquisition Act, 1894. THE writ petition was allowed vide judgment dated 26th November, 2002, finding that the Notifications under Section 4&6 of the Act were issued on 6 th April, 1964 and 7th December, 1966 respectively; Notification under Sections 9&10 of the Act was issued on 22nd August, 1983; W.P.(C) No.562- Rev. Pet. No.50/2012 & CM No.858/2012 (for condonation of delay) Rev. Pet. No.180/2011, CM No.4586 -87/2011 (both for condonation of delay) in W.P.(C) No.4044/1998. 563/1983 was filed by the residents of the village and W.P.(C) 810/1984 filed by the predecessor of the petitioner, both challenging the acquisition proceedings and in which writ petitions there was a stay against dispossession; the predecessor of the petitioner withdrew WP(C) 810/1984 on 25th July, 1989 and accordingly the said stay stood vacated on 25th July, 1989; that the petitioner purchased about 200 sq. yds of land on 20th September, 1995 i.e. when neither any challenge to acquisition nor any stay was operating; that upon incorporation of Section 11A in the Act w.e.f. 14th December, 1994, since there was no stay, the Award ought to have been made by 14th December, 1996 on which date the acquisition lapsed and the Award made on 5th December, 1997 is of no avail.

(2.) REVIEW Petition 180/2011 has been filed by certain residents of the said area development of which has since taken place. They were aggrieved from the non-construction by the respondent DDA of the proposed 24 mtr. wide road between Pocket-2, Jasola and Jasola Village. They first filed W.P.(C) No.4426/2008 for mandamus to the respondent DDA to construct the said road by removing the encroachment by the petitioner herein on the aforesaid 200 sq. yds. of land. The respondent DDA in its response to the said writ petition informed that the said 200 sq. yds. of land of the petitioner which was coming in the way of construction of the said road, though had been acquired but acquisition thereof had been quashed in the present writ petition. They have thereafter filed this petition seeking review of the order allowing the writ petition and quashing the acquisition and the award. Rev. Pet. No.50/2012 & CM No.858/2012 (for condonation of delay) Rev. Pet. No.180/2011, CM No.4586 -87/2011 (both for condonation of delay) in W.P.(C) No.4044/1998.

(3.) THOUGH the predecessor in interest of the petitioner had withdrawn W.P.(C) No.810/1984 (supra) challenging the acquisition, on 21st July, 1989 but as aforesaid, other writ petitions challenging acquisition of other land subject matter of the same Notification were pending consideration. All the said writ petitions were summoned by the Supreme Court in CW No. 4677/1985 titled M.C. Mehta vs. Union of India. THOUGH W.P.(C) No.810/1984 filed by the predecessor in interest of the petitioner stood withdrawn on 25th July, 1989 but the file of the said writ petition was also sent to the Supreme Court along with other writ petitions on 14th December, 1994. Pursuant thereto the respondent DDA issued Public Notice on 29 th November, 1994. The factum that notwithstanding the withdrawal of W.P.(C) No.810/1984 the same was also treated as having remained pending is evident from the W.P.(C) No.810/1984 being also mentioned in the said Public Notice. The respondent DDA was thus under the impression that the said stay in WP(C) No. 810/1984 was continuing.