SULTAN AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India on 3.11.2000 the petitioner is seeking directions against the respondents to:

(2.) The aforementioned reliefs the petitioner has sought with respect to a plot of land meaning 428 sq. yds. Comprised in Khasra No. 147 situate with the revenue estate of village Lado Sarai (hereinafter referred to as the "land in question").

(3.) The petitioner has alleged that land in question was purchased by him through deed of sale (Annexure P-I). As per Annexure P-I the land including superstructure thereon was purchased by the petitioner in 1966. Mst. Zubeen Begum was the previous owner of the land, which she had purchased on 22.6.1959 from Mahalaxmi Land and Finance Corporation Private Limited. There is recital in the sale deed that "Thata" (boundary wall) and superstructures existed there at the time of sale to the petitioner. There could be no question of the petitioner raising any construction on the land prior to 1959 as alleged in the petition. On 13.11.1959, notification under Section 4 of the Act was issued notifying the intention of the Government to acquire an area of more than 34,000 acres in Delhi, which also included the land comprised in Khasra No. 147 situate in the revenue estate of Lado Sarai. It was followed by declaration issued under Section 6 of the Act on 16.5.1966. Civil Writ Petition No. filed by the petitioner seeking quashing of these notifications as also notices issued under Sections 9 and 10 of the Act, which was dismissed by this Court in limine on 20.3.1997 in view of the decision of Supreme Court in Murari and Others v. Union of India and Others, JT 1996 (9) SC 742.