NEELAM ARYA Vs. DIN MOHD

JUDGEMENT

(1.) Late Shri Din Mohd., legal heir of late Shri Safed Khan, filed W.P(C) No.2365/1982 questioning the proceedings initiated against him by the Deputy Custodian General of Evacuee Properties and the order dated 29.6.1982 passed by him in respect of land measuring 8 bighas and 40 biswas situated in Village Chandan Hola of Delhi under the Administration of Evacuee Property Act, 1950 and the Disabled Persons (Compensation and Rehabilitation) Act, 1954. His case was that the property in question was never an evacuee property and neither was it so declared nor could it have been declared an evacuee property. The learned Single Judge vide order dated 26.2.2009, quashed the order impugned in the said writ petition and held all consequential actions of the respondent based on the order questioned in the writ petition to be illegal. Vide order dated 22.01.2010, the learned Single Judge made some corrections as regards the area of the land in question. The appellant before us namely Mrs. Neelam Arya was not a party to the aforesaid writ petition. The case of the appellant is that the aforesaid land was purchased by her from one Mr. Gurbax Singh to whom it was granted being an evacuee property.

(2.) The order dated 26.2.2009 was assailed by the appellant by way of LPA No.217/2011. The aforesaid appeal was withdrawn by the appellant on 7.3.2011 with liberty to file a review petition. In terms of the leave granted by the Division Bench, the appellant filed a Review Petition No. 198/2011, which was dismissed by the learned Single Judge vide detailed speaking order dated 17.1.2013. Being aggrieved, the appellant has filed LPA 114/2013 challenging the order dated 26.2.2009 and 22.01.2010 passed in the writ petition and the order dated 7.1.2013 passed in the review petition.

(3.) Pursuant to the judgment dated 26.2.2009 in W.P(C) No.2382/1982, the land in question was mutated in the name of the petitioners in W.P(C) No.6544/2011 and the mutation earlier recorded in favour of the appellant Mrs. Neelam Arya was stood cancelled. The petitioner in W.P(C) No. 6544/2011 submitted an application to the concerned SDM/ Tehsildar for grant of NOC for sale of the aforesaid land to Ishwar Builders Private Limited. This however was opposed by the appellant Mrs. Neelam Arya. As a result of which, the NOC was not issued. W.P(C) 6544/2011 was then filed for direction to the respondent to issue NOC for sale of the aforesaid land to the petitioners. Though, initially the appellant Mrs. Neelam Arya was not impleaded as a party to the writ petition, she came to be impleaded during pendency of the writ petition. Vide order dated 15.2.2013, the learned Single Judge directed the official respondent to issue NOC in respect of the land in question.