N K AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) . This petition is filed challenging the action of the respondents, taking possession of land which vest in Government in view of the award made by Land Acquisition Collector vide award No. 1925, copy of which is placed on record (Annexure-C) dated 12.1.1967.

(2.) Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959 to acquire 34070 acres of land situate in various villages of Union Territory of Delhi including village Tihar. After following the procedure laid down in the Act, declaration under Section 6 of the Act was made on 10.12.1961 and subsequently award came to be made on 2.1.1967. There is no dispute that the proceedings were challenged by filing writ petition and subsequently by filing Letters Patent Appeal and Special Leave Petition before the Apex Court by the land owners but without success. Therefore, the question of the acquisition is not required to be gone into by this Court.

(3.) Learned counsel for the petitioner contended that in the year 1977 Government announced a policy for regularizing unauthorized colonies in Delhi and in view of this policy the petitioner should not be disturbed. It is further contended that since 1980 no action has been taken by the respondents, the proceedings should be deemed to have been withdrawn more particularly when proceedings were not stayed by any Court . It is submitted that in view of the policy framed by the Government, the lands must be regularized. It was submitted that in view of the judgment of the Apex Court reported in The Special Land Acquisition Officer, Bombay and others v M/s. Godrej and Boyce AIR 1987 S.C. 2421 unless and until possession is taken it cannot be said that the land vests in the Government.