ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 23.1.1965 followed by a declaration under Section 6 of the Act on 7.12.1966. It is thereafter, the petitioner purchased the land in question from erstwhile owner Shri Subhash Chand Gupta vide sale deed dated 10.2.1993. On 18.3.1993, vide notification the area was declared as development area. Thereafter, in 1995 the petitioner filed a Suit No. 1586 of 1995 for permanent injunction before Civil Court, as according to the petitioner some of the employees of respondent No. 5 (DDA) came to the petitioner to dispossess him without notice. Interim application (IA. 7226/95) was also filed by the petitioner on 12.7.1995 for restraining the said respondent from demolishing and dispossessing the petitioner as also from taking forcible possession of the suit land. Suit was dismissed on 17.7.1996 against which Regular First Appeal No. 25/96 with CM. 1278/96 was filed by the petitioner. On 12.9.1996 injunction was granted. Thereafter on 8.11.1996 award in respect of land was made by the Land Acquisition Collector. On 30.4.1997, the appellate Court, hearing RFA No. 25/96 remanded the matter back for deciding the | suit afresh, which is pending.

(2.) It is the case of respondent No. 5 DDA that vide notification, under Section 12 of the Delhi Development Act, the area has been declared as Development Area. The petition is filed to declare the notifications under Section 4, under Section 6 of the Act and an award made under the Act, null and void qua the petitioner's land and to issue a writ of mandamus, directing the respondents to permit the petitioner to use the land for commercial purpose in consonance with the development having taken place around the land of the petitioner. On 22.9.2000, on behalf of respondent No. 5, it was pointed out to the Court that predecessor in title, i.e., Subhash Chand Gupta, who was a party in the petition being CW.789/85 titled Hem Chand Gupta and others v. U.O.I, challenged these notifications acquiring the land. The said petition had been dismissed by this Court.

(3.) On 23.7.2002 Division Bench hearing this petition made the order as under:-