S SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The question which requires to be determined in this case is as to whether the property/land, subject matter of this writ petition, was an evacuee property as on 23/01/1965 when Notification under Section 4 of the Land Acquisition Act, 1894 (for short `the LA Act') was issued proposing to acquire this land? Since in the said Notification evacuee properties were excluded from acquisition, if the subject property was an evacuee property as on that date it would not be part of the acquisition. On the other hand, if the ownership of the property stood transferred to the petitioner before the said date then it was an evacuee property and was covered by Section 4 Notification dated 23/01/1965. In order to appreciate the controversy, necessary facts may first be noted.

(2.) The land in question measuring 100 bighas situate in village Lado Sarai, Mehrauli, New Delhi and comprised in Khasra No.357 (58 bighas 16 biswas) and Khasra No.358 (41 bighas 4 biswas). A Notification dated 28/10/1957 was issued by the Central Government under Section 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter referred to as `the Displaced Persons Act') to acquire the subject land as an evacuee property. Thereafter it was mutated in favour of the Central Government in the revenue records. This land was put to auction on 28/12/1960. The petitioner also participated in the auction and was declared the highest bidder. His bid was for Rs.2,200.00 and 10 per cent thereof was paid by him as auction money on the same date.

(3.) It may be noted that when the subject land was put to auction, one Khazan Singh, allegedly in possession of the land, was declared as `bhumidar' under Section 13 (1) of the Delhi Land Reforms Act. However, order dated 23/01/1961 was passed by the Revenue Assistant cancelling the said bhumidari rights in favour of Khazan Singh on the ground that as it was hill area, it could not be subject matter of bhumidari rights. Appeal filed by Khazan Singh against this order in the court of Additional Collector was dismissed on 10/08/1961. Thereafter Khazan Singh and Khyali filed CWP No.127-D/196 1/03/1961 challenging public auction held on 28/12/1960 in which the petitioner was the highest bidder. The said writ petition was dismissed by this Court on 19/05/1965.