OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner in this petition under Article 226 of the Constitution of India prays for issuance of a writ in the nature of mandamus and certiorari calling for records of the Respondents and for quashing the acquisition proceedings in relation to Khasra No. 2008/1798/162 measuring 04 Biswas situated in Revenue Estate, Karkardooma Illaqa Shahadra, Delhi and also the Notification dated 13.11.1959 issued under Section 4 of the LAND ACQUISITION ACT, 1894 (hereinafter referred to as the `Act') and the Declaration dated 2.1.1969 issued under Section 6 of the Act.

(2.) The Petitioner claims to be the owner in possession of property No.65, South Dharona Road, Vishwas Nagar, Shahdara, Delhi measuring around 200 sq. yards in the Khasra No. afore-stated. The property was acquired evacuee property under Section 12 of the DISPLACED PERSONS (COMPANSATION AND REHABILITATION) ACT, 1954, 1954 vide Notification dated 7.7.1955 issued by the Ministry of Rehabilitation, New Delhi. The property continued to be an evacuee property by Notification under Section 4 of the Act wherein the Delhi Administration acquired nearly 34070 acres of land in various villages in Delhi. The property in question was put to auction by the Managing Officer of the concerned Ministry. The auction of the property was held in which the Petitioner had participated and he was declared as the highest bidder and had paid for a total sum of Rs.2,100/- on 16.8.1959. On the fall of the hammer the Petitioner paid a sum of Rs.210/- and remaining amount was paid by him at a subsequent stage. The sale certificate under Rule 90 (15) of the relevant Rules was issued by the Managing Officer on 27.7.1963 with effect from 19.5.1961 in favour of the Petitioner. In other words, the title of the property was conveyed to the Petitioner on 27.7.1963 when complete consideration was given by the Petitioner to the concerned department and as well as furnished the requisite documents.

(3.) The case of the Petitioner before the court is that as on the date of issuance of Notification under Section 4 the property could not be acquired being an evacuee property and exempted under the terms of the Notification itself. Further, it is stated that issuance of Notification/Declaration under Section 6 being made on 2.1.1969 and subsequent proceedings thereto would not effect the nature of the property and as such the entire acquisition proceedings taken by the Respondents in relation to the property in dispute are vitiated in law.