SUBHASH CHANDER SACHDEVA Vs. GULAB SINGH

JUDGEMENT

(1.) The two Petitioners in OMP No. 133 of 2009, Mr. Subhash Chander Sachdeva and Mr. Bharat Bhushan Sachdeva, are the sons of late Mr. Matwal Chand. They have filed the said petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging the impugned Award dated 14 th July 2006 passed by the learned sole Arbitrator (originally Respondent No. 9) Mr. Umesh Chandra.

(2.) The background facts are that late Mr. Matwal Chand purchased the land measuring 31 bighas falling in Khasra No. 206/2, 207/2, 208/2, 209, 210/2 and 211/2 situated in the revenue estate of Village Basaidarapur (adjoining Jaidev Park), New Delhi (hereinafter referred to as 'the land in question') by a registered sale deed dated 16 th May 1962 in his own name from the erstwhile joint owners, Mr. Amir Chand and Mr. Brij Lal who had purchased it in an auction from the Ministry of Rehabilitation on 6 th August 1958. The Petitioners in O.M.P. No. 133 of 2009, i.e. the sons of late Mr. Matwal Chand, state that Mr. Matwal Chand as exclusive owner was in cultivatory possession, occupation and enjoyment of the land in question. They further state that after the death of Mr. Matwal Chand on 21 st October 2006 they became the owners of the land in question and have continued to be in exclusive cultivatory possession, occupation and enjoyment of the land in question throughout. It is stated that in the revenue records the land is shown as being in the name of Mr. Matwal Chand.

(3.) A notification dated 13 th November 1959 was issued under Section 4 of the Land Acquisition Act, 1894 ('LA Act') followed by a declaration under Section 6 of the LA Act on 6 th January 1969 whereby the land in question was made the subject matter of acquisition proceedings. An Award was passed on 7 th January 1981. Mr. Matwal Chand filed W.P. (C) 2677 of 1981 on 20 th November 1981 and W.P. (C) 697 of 1983 on 8 th April 1983 in this Court challenging the acquisition proceedings. It is stated that the further proceedings arising out of the said challenge are still pending in Special Leave Petition ('SLP') Nos. 10516-17 of 2005 in the Supreme Court.