PHOOL SINGH Vs. UOI

JUDGEMENT

(1.) IN the present appeal, the judgment and order of the learned Single Judge of 23.08.2004 rendered in review proceedings (R.P. No.147/2004) in a decided case, i.e., W.P. (C) 2489/2001 has been challenged.

(2.) BRIEFLY , the facts are that the appellants had approached this Court under Article 226 of the Constitution of India - by filing W.P. (C) No.2489/2001, alleging that they were owners of a large tracts of land: 332 Bighas, 7 Biswas in Khasra no.754/21 and 1 Biswa in Khasra No.801/50/1 at village Khampur Raya, New Delhi. They had alleged that the said lands had been originally notified for acquisition vide Notification dated 13.11.1959 under Section 4 of the Land Acquisition Act and later subject matter of a declaration under Section 6 of the said Act, dated 8.12.1966. It was alleged that the Award in respect of these lands were never made and that after the enactment - as well as coming into force of the amendments to the Land Acquisition Act in 1984, two year period had been mandated within which the Award could be validly made. The petitioners contended that the two year period ended on 23.09.1986 despite which the acquiring authority, i.e., the erstwhile Delhi Administration which is now succeeded to by the Govt. of NCT of Delhi did not draw the Award. Complaining that their lands had, in the meanwhile, been taken over without authority of law, the petitioners sought appropriate relief including a direction to the Govt. of NCT of Delhi to issue a Notification under Section 4 of the Act for acquisition of their land.

(3.) THE claim in the petition was resisted. After considering the circumstances and submissions of the parties, the learned Single Judge allowed the petition by judgment dated 3.12.2001 in terms of the following directions: -