SANJEEV KUMAR RAJORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Land measuring 1 bigha 2 bisvvas comprised in Khasra Nos.367 and 369 in village Mehrauli, New Delhi, is the subjectmatter of the present writ petition.

(2.) The Government, of National Capital Territory of Delhi, Land and Building Department, Issued notification dated 1.5.2003 under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act') expressing its intention to acquire 3 bigha 6 biswas of the land in Khasra Nos.366, 367 and 369, village Mehrauli, New Delhi, which includes the aforesaid land as well. By means of this notification objections to the proposed acquisition were invited. It appears that no objections were filed by any person. Thereafter declaration under Section 6 of the Act was issued on 23.7.2003 to the effect that Lt. Governor was satisfied that the land is required to be taken by the Government at public expense for the public purpose, namely, "for C.R.P.F. Camp under Planned Development of Delhi" and thus, the said land was acquired for this purpose. Present writ petition has been filed challenging the aforesaid acquisition.

(3.) As per the averments made in the writ petition, subject land was sold by the Government in public auction sometime in the year 1962 when one Sardar Sarbinder Singh purchased it in the said auction. Sale certificate was issued in his favour on 17.10.1962 followed by corrigendum dated 16.2.1972 and mutation was sanctioned in his name in the revenue records by the revenue authorities on 18.3.1988. However, as this land was illegally occupied by the CRPF, Sardar Sarbinder Singh issued legal notice dated 19.7.1988 to Lt. Governor, Land & Building Department, DDA and Commandant, CRPF. Significantly in this notice it was stated that the land was occupied in the year 1980 illegally and unauthorisedly and the addressees were called upon to acquire the said land within the statutory period. However, the respondents did not pay any heed to this notice. On 12.10.1990 the petitioner purchased this land from Sardar Sarbinder Singh by registered sale deed. When the land in question was not vacated, the petitioner filed a petition under Section 84 of the Delhi Land Reforms Act on 23.2.1988 in the court of SDO/Revenue Assistant, Mehrauli. There is vast area of land, contiguous to this land in question, which is in occupation of CRPF and which was acquired earlier and placed at the disposal of CRPF. It appears that while taking possession of the said land CRPF occupied the land in question also under the impression that this land was also part of the land possession of which was handed over to CRPF earlier. It was in these circumstances, the Court of Revenue Assistant in the aforesaid proceedings ordered demarcation and in the demarcation it was found that the land in question belonged to the petitioner and not the CRPF. This resulted in passing order dated 22.10.1988 by the Revenue Assistant to the effect that CRPF was illegally occupying the land. Appeal filed by CRPF was dismissed. Further appeal filed by the CRPF in the court of Financial Commissioner was also dismissed on 23.11.2001. The CRPF filed Writ Petition No.2692/2002 against the decision of the Financial Commissioner which is pending in this Court.