LAWS(DLH)-2004-5-82

MOTI LAL JAIN Vs. LT GOVERNOR OF DELHI

Decided On May 20, 2004
MOTI LAL JAIN Appellant
V/S
LT.GOVERNOR OF DELHI Respondents

JUDGEMENT

(1.) Rule D.B.

(2.) With the consent of the parties, the matter is taken up for final disposal at this stage.

(3.) Although this case has a chequered history, it is not necessary to state in detail all the facts. We are concerned with Award No.7/97-98 which is challenged as null and void, inter alia, on the ground that although the Notifications issued under Section 4 and 6 of the Land Acquisition Act, 1894 (for short `the Act') in respect of this land lapsed on the wrong presumption that there was stay operating in CWP No.621/74 which was dismissed on 14/12/1995, the impugned Award was made. This was factually incorrect as there was no stay in the said writ petition and the writ petition was in fact allowed and not dismissed as stated in the Award. It is alleged that on the basis of the said Award the respondents are threatening to dispossess the petitioner from the land in question.