MATWAL CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two writ petitions the question of law to be decided is identical. The petitioners claim that the land which was acquired vide notification dated 13.11.1959 did not include their land as it was specifically exempted being evacuee land. Notwithstanding this fact, the respondent had issued declaration under Section 6 of the Land Acquisition Act (hereinafter referred to as 'the LA Act') and thereafter Award was passed by the Land Acquisition Collector covering the land of the petitioners. The petitioners have sought quashing of the declaration/Award on the ground that when there was no notification under Section 4 of the LA Act covering their land, all subsequent proceedings are void. For better appreciation of this contention, we may note the facts of WP (C) No.2677/81.

(2.) It is stated in this petition that the petitioner is the owner of the land covering 2 bigha 14 biswas situate in Khasra No.206/2/1 in village Basai Dara Pur, Delhi. This property originally belonged to a Muslim owner, namely, Suleman Khan, who migrated to Pakistan and thus, it became an evacuee property. It became part of the compensation pool pursuant to notifications issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, (hereinafter referred to as 'the Act') issued by the respondents, which is to the following effect:-

(3.) Thereafter it was dealt with by the Ministry of Rehabilitation under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. It may be mentioned that Section 20 of this Act empowers the Managing Officer to transfer property out of the compensation pool to a displaced person. Section 20 is couched in following language:-