MUKHTYAR SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners are invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, 1950 for issuance of an appropriate writ, order or direction, thereby seeking the following reliefs:

(2.) The brief facts leading to the filing of the present petition are that the petitioners are members of a large family, viz., petitioner No.l namely Mukhtyar Singh, who is the legal heir of late Shri Ganga Das, petitioner No.2 namely Virender Singh and petitioner No.3 namely Vikram Singh are the legal heirs of the owner namely Late Shri Ramkishan , while petitioner No.4 namely Jai Singh and petitioner No.5namely Subhash Chander are the legal heirs of the owner namely Late Shri Balram Singh. Petitioner No.6 namely Amit Phogaat, petitioner No.7 namely Ashish Phogaat and petitioner No.8 namely Aman Phogaat are the legal heirs of the owner namely Late Shri Tejbeer Singh. Petitioner No.9 namely Narayan Singh is the legal heir of the owner namely Late Shri Balbir Singh and petitioner No.10 namely Rajinder Singh is the legal heir of the owner namely Late Shri Khuba Ram. In brief, they claim that they are the owners of land admeasuring 01 Bigha, 01 Biswas, out of Khasra No.39 in the Revenue Estate of Village Humayunpur, Delhi 110029 (hereinafter referred to as the 'subject land') and claim to be in settled and undisturbed physical possession of the property in question.

(3.) It is claimed that, a notification dtd. 3/9/1957 being No. F.15(84)/57-L.S.G. under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred as 'LAC Act') was issued by the respondent. Thereafter a declaration dtd. 3/4/1964 under Sec. 6 of the Act was issued by the Government of NCT of Delhi stating that the land mentioned therein was required for public purpose namely, 'Execution of the Interim General Plan for Greater Delhi'. Consequently, the Land Acquisition Collector (MW), Shri V.K. Bhalla passed the Award No. 2121 dtd. 29/6/1968 for Village Humayunpur for the purpose of the acquisition as mentioned in the aforesaid scheme, which included the land of the petitioners.