INDER SAIN CHADHA Vs. UNION OF INDIA

JUDGEMENT

(1.) . This writ petitioner was filed by Inder Sain Chadha and, his two sons, namely, Narinder Chadha and Naresh Chadha. During the pendency of the writ petition Inder Sain Chadha died. No application Was filed to bring his legal representatives on record. In any event of the matter his two sons are already the other petitioners in this writ petition. The writ petition was filed on 2nd August, 1983. The petitioners prayed for setting aside and quashing Notifications Nos.F.15(iii)/59-LSG dated 13th November, 1959 under Section 4 of Land Acquisition Act (hereinafter referred to as the Act) and F.I(44)/62-L&H dated 29th November, 1962 under Section 6 of the Act and all the proceedings conducted by the respondents in pursuance of such notifications.

(2.) . The case of the petitioners was that pursuant to the Notification Under Sec.4 of the Act the land was acquired by the respondents on 13th November, 1959. With regard to the said land a notification under Section 6 of the Act was also issued by the respondents on 22nd Novembers, 1962. The land in relation to which the said notifications were issued was situate at village Malikpur Chhawni, G.T.Karnal Road, Delhi. The total area under acquisition was 19 bighas 12, biswas. A ward No. 1558 in relation to, the said acquisition was made on 5th April, 1963. The award was challenged before this Court in Civil Writ Petition No.298-D of 1963 by Inder Sain Chadha. This writ petition was, however, withdrawn by the petitioners on 17th November, 1971 as it appeared, on the representations of the petitioners, the respondents agreed to release certain portion of the land from acquisition.

(3.) . A notification was issued under Sec.48 of the Land Acquisition Act on 4th December, 1971 by which 8 bighas 12 biswas of the land was released/withdrawn from the aforesaid acquisition. It is pertinent to mention that the land which was acquired by the respondents in the aforesaid village was having Khasra Nos.387 min, 388 min and 389 min. The land which was released by the respondents measuring 8 bighas 12 biswas was released from Khasra No.389 min.