(1.) I FACTUAL MATRIX : It appears that after examining the report, the Government issued a notification under Section 4 of Act on 16.6.98. A copy of the notification is produced on page 83. The said notification clearly reveals that the land in village Chowki Mubarkabad is required to be taken by the Government at public expenses for a public purpose, namely the construction of CETP under planned development of Delhi. At the same time the Lt Governor, was satisfied about the urgency and, therefore, invoked the provisions under Section 17(1) of the Act notifying that the provisions of Section 5(A) of the Act shall not apply. The notification refers to total area of 11 bigha 16 biswas. On 23.6.1998, declaration under Section 6 of the Act was published by a notification for the lands referred to in the earlier notification. On the same date, notification was published directing the Land Acquisition Collector, Delhi, to take possession of the land covered by notification under Section 4 of the Act dated 16.6.1998 and also under Section 6 of the Act dated 23.6.1998 on expiration of 15 days of notification under sub-Section (1) of Section 9 of the said Act. There is no dispute that award has been made by the Collector on 20.5.2000. It is also clear that the petition is filed on or about 6.2.2001, i.e., almost 21/2 years from the date of publication of declaration under Section 6 of the Act.
(2.) The petitioners approached this Court specifically stating that they are the owners in possession of superstructure upon the land on lease from Ramjas Foundation out of the land in Khasra No. 599/359/4 measuring 1 bigha 1 biswas situated in village Chowkri Mubarakabad. It is specifically averred by the petitioners that the aforesaid parcel of land bearing Khasra No. 599/359/4, which is 1/10th part of the total land sought to be acquired under the notification, was taken on lease by one Bharati Udyog Pvt Ltd from its recorded owner Ramjas Foundation. It is the case of the petitioners that Bharti Udyog Pvt Ltd transferred the land further through various documents. It is presently occupied by 15 persons as alleged in para 5(b) of the petition. Out of these 15 occupiers, only five alleged occupiers are before the Court in this petition.
(3.) In para 5(p), the petitioners averred as under:-
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