BHOLA RAM Vs. GNCTD

JUDGEMENT

(1.) The petitioner seeks the quashing of Notification dated 9th August, 2010 issued by the respondent, Government of National Capital Territory of Delhi ("GNCTD") under sections 4 and 17 (1) and (4) of the Land Acquisition Act, 1894 ("Act") dispensing with the hearing under section 5A of the Act, as well as Notification dated 4th August, 2011 under section 6 of the Act, declaring that the land was required for "public purpose" i.e. modification and improvement of the T-junction of Anuvrat Marg and Aurobindo Marg. The petitioner also seeks quashing of the undated notice purported to have been issued under sections 9 and 10 of the Act.

(2.) The land in question is 4 biswas in Khasra No. 169/2 in Lado Sarai, New Delhi ("property"), measuring about 200 square yards. The petitioner claims adverse possession of the property by virtue of being in continuous possession of it since 1948. To demonstrate his continuous possession, he relies upon an order of 22nd February 1979 passed by the Court of Sh. S.C. Poddar, SDM (Revenue Assistant) in a suit titled Kumari Keertika Vardhan v Bhola Ram, filed under section 84 of the Delhi Land Reforms Act, 1954, which order recorded under:

(3.) The revision preferred against the said order was rejected by the Financial Commissioner on 13th March, 1980. The property is adjacent to a petrol pump and a ground floor structure has been built upon it. The petitioner has also annexed municipal records showing that he had a cycle shop registered at the said address under the Delhi Shops and Establishments Act, 1954 vide a certificate dated 7th December, 1984 issued by the Chief Inspector, Shops and Establishments, Delhi. Documents of proceedings to assess property tax apropos 1A, Lado Sarai, New Delhi (being the property, identified by its postal address), are also annexed alongwith supporting receipts of payment of property tax for the years 2005 and 2010. The petitioner claims to be enjoying the property exclusively and in his individual right. Ms. Kanika Devi Verma, in whose name the land is recorded in the Revenue Records, was proceeded ex parte in these proceedings after service of notice.