SANTOSH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition raises an interesting question. To put succinctly, land of the petitioner was subject matter of Notification dated 13.11.59 under Section 4 of the Land Acquisition Act,1894 (hereinafter referred to as `the Act') proposing to acquire Khasra No.410/1 in Village Malikpur Cantt., Delhi. After inviting objections, Declaration under Section-6 was issued vide Notification dated 20.9.1962 for acquiring the said land. This acquisition was challenged by filing CWP.No.581-D/63.

(2.) During the pendency of this writ petition another Notification dated 24.2.1965 under Section 4 was issued for acquisition of certain land in Village Malikpur Cantt., Delhi including Khasra No.409 owned by petitioner's father. After completing the formality of inviting objection, the Declaration under Section 6 was issued by Notification dated 16.11.66. Interestingly no challenge was made to this acquisition by the father of the petitioner (predecessor- in- interest). Writ Petition No.581-D/63 was decided vide order dated 16.12.70 and was allowed. Interestingly although acquisition of land comprising Khasra No.409 (Acquisition No.2) was not under challenge, in the said judgment dated 16.12.70 the acquisition qua Khasra No.409 was also quashed. The question that arises for consideration is as to what is the effect of the judgment even when the acquisition process relating to Khasra No.409 was not challenged. There are other related questions also. 2. In order to appreciate the entire controversy, we may take note of the facts in some detail.

(3.) Late Shri Raja Ram Sharma, father of the petitioner, was a displaced person from Sialkot who came to India in 1947 on the partition of the country. On 6.6.1958, in a public auction held in pursuance to the power under Section 20 of the Displaced Persons Compensation and Rehabilitation Act,1954, the petitioner's father purchased land bearing Khasra Nos.409 and 410 measuring 6 bighas, 16 biswas and 15 biswas respectively in Village Malikpur Cantt. Delhi. This bid was accepted and provisional possession was handed over to the petitioner's father, thereafter, on 23.10.1958. Certificate of Sale in respect of these lands was also issued on 31.8.1961 whereby petitioner's father became absolute owner in possession of the land.