HARBANS KAUR Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Shri Har Charan Singh had purchased property known as Kaziwala Eagh Mehrauli, Delhi measuring approximately 80.10 bighas at an auction held on 19.5.60 by Rehabilitation Department of Government of India. This property was an evacuee property. After the auction certain disputes arose resulting in the filing of C.W.994/ 70 which was decided on 20th April 1977 whereby the Department of Rehabilitation was directed to transfer the said property to said Shri Har Charan Singh on the basis of the conditions contained in the terms for the said auction whereafter the relevant sale certificate dated 29.7.78 was issued in favour of Shri Har Charan Singh, which was duly registered with the Sub Registrar, Kashmere Gate, Delhi. The possession of the suit properly was duly handed over to Shri Har Charan Singh on 5th October 1978.

(2.) The said Shri Har Charan Singh died on 27.4.82 and was survived by the petitioner in the present writ petition who has filed the present petition.

(3.) The petitioner received two notices, one under Section 9 and another under Section 10 of the Land Acquisition Act addressed to the said late Har Charan Singh. In the said notice, some of the lands in the said Kaziwala Bagh were mentioned. It is the case of the petitioner that there was no Notifications under Sections 4 and 6 of the Act in respect of the said land. It is also contended by the petitioner that notice under Section 9 of the Land Acquisition Act had mentioned that the acquisition proceedings are being carried out in pursuance to Notification No.F.15(iii)/59LSG dated 13.11.59 issued under Section 4 of the Act. This notification in terms did not apply to evacuee land. Apart from this there is no other notification issued under Section 4 of the Act in respect of any part of Kaziwala Bagh. The Land Acquisition Collector, Delhi he proceeded to announce his award on 17.1.83 notwithstanding such objections. The award was a composite award.