TILAK RAJ TANWAR Vs. D.D.A

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the Petitioner with the following prayer:-

(2.) The case of the Petitioner is that he was the lawful owner of property bearing no.C-25 and C-26, Mahavir Enclave-III, New Delhi having a total area measuring 150 sq. yds. He was in actual and physical possession of this property. By virtue of Notification No.F.10(43)/98/L&B/LA/13120 and declaration vide Notification No.F.10(43)/98/L&B/LA/1315 dated 30.04.2001, land measuring 6 Bighas 8 Biswas, including the land in occupation of the Petitioner was acquired for public purpose, that is, for construction and widening of road and Planned Development of Delhi. The valuation report in respect of the super structure and the land was made by the concerned authority.

(3.) While carrying out the valuation in respect of the super structure by award No.1/2003-2004, the name of Ashok Kumar, brother of the Petitioner was inadvertently mentioned by the Land Acquisition Collector. This led to the award of compensation of acquisition of the super structure and the land underneath it in favour of Ashok Kumar only (Respondent No.3 herein).