KRISHAN GOPAL SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner claims to be the co-owner of 4 biswa of land comprised in Khasra No. 1619/ 893 in the Revenue Estate of Village Madipur, Petitioner has l/3rd share in the said tend. Remaining 2/3rd share belongs to sons of late Sh. Rampath and lat. Sh.Ganpatrai. in other words, share of the petitioner in the land would be 1.33 biswa or say about 66 sq. yards.

(2.) Vide notification dated 13.11.1959, being No.F-15(III)/59-LSJ 2632 bigha 18 biswa of land was notified under Section 4 of Land Acquisition Act, 1894 for acquisition in Village Madipur. Declaration under Section 6, vide notification No.F-4 (30)/63-L&H was issued on 10.6.1963. After issuing notices under Section 9 & 10 of the Land Acquisition Act 1894, the land acquisition Collector published an award No. 1691 dated 23.3.1964 acquiring most of the notified land. The land in question belonging to the petitioner and the other co- owners was not acquired under the award. Following was observed in the award :- 'field No. 1619/893 total measuring o bigha 4 biswa is a well for drinking water and is in the middle of the built up area which is not being acquired under this award. So field No. 1619/ 893 which is a well will be acquired with the built up area, at a later stage'.

(3.) Some other land notified under Section 6 in the village not acquired earlier was acquired under a supplementary award No. 78/83-84 dated 16.12.1983. Under this award further 30 bigha 14 biswa of land was acquired. Land in question was not acquired.