SARTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is filed by the applicant under Section 5 of the Limitation Act seeking condonation of delay in filing the review petition. For the reasons stated in the application, prayer made in this application is allowed and delay in filing the review petition is condoned. The application stands disposed of. RP. No. 111/2004.

(2.) The petitioners (non-applicants in this review petition) filed CWP. No. 2658/92 seeking appropriate writ, order or direction to the respondents to announce/communicate the Award in respect of land of the petitioners having l/3rd share bearing Khasra Nos. 1176/ 933 (3 bighas 16 biswas) , and 951 (7 bighas 1 biswas) total measuring 10 bighas 17 biswas situated within the Revenue Estate of Village baha Pur, New Delhi and to pay the compensation and solatium, interest, additional amount and the damages to the petitioners. The case set up by the petitioners was that the subject land was not included in the Notification under Section 4 but included in the Declaration under Section 6 of the land Acquisition Act. However, it was left out in the Award No. 1387/1962-63 announced by the Land Acquisition Collector on 31 August, 1962 and thus the land of the petitioner was not acquired. Still, the possession of the land was taken and the land was allotted to the E. P. Railway Refugee rehabilitation and Housing Building cooperative Society Ltd. , Greater Kailash enclave-1, New Delhi in May,1964. In this back drop, prayer was made for acquiring the land properly and paying them compensation. The matter was heard and vide order dated 13 November,2002 writ petition was allowed holding that petitioners were deprived of the land otherwise than by due course of law. However, as the property had already been utilized by the said Society, direction was given to the respondents to acquire the land by issuing appropriate notification and pay the petitioners compensation for the same.

(3.) In the Review Petition filed by Government of NCT, Department of Land and Building, it is stated that a vital fact which could have bearing on the outcome of the petition was not brought to the notice of this court and was suppressed by the writ petitioners. This material fact, according to the Department, is that the entire subject land in which the petitioners have l/3rd share and which was a composite property was notified as evacuee property in the year 1948 itself. The matter in this respect was even adjudicated by the competent Officer, Delhi, who passed the order dated 25 February, 1954 and dismissed the claim of the claimants/predecessor-in-interest. It is submitted that since the land was an evacuee property, it did not belong to the petitioners and, therefore, petitioners could not have filed the writ petition. Further, the review petitioner pleads that there was no question of acquiring the land which vested with the Government and for this reason the land was excluded from the Award.