ANGIRA DEVI GUPTA Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks the quashing of the acquisition proceedings pursuant to notification dated November 13, 1959 issued under Section 4 of the Land Acqisition Act, 1894, declarations dated December 6, 1966 January 2, 1969 under Section 6 of the Act culminating in an Award No. 60/83 dated January 17, 1983 for the acquisition 30 bighas 6 biswas of land belonging to the petitioner situate in village Mehrauli.

(2.) The facts are not in dispute. In 1959 respondent No. 2 issued a notification No. 15(lll)/59/LSGdated November 13,l959 under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) notifying that land admeasuring 34070 acres and marked with blocks and description specified in the notification was required by the Government at the public expense for public purpose, namely, the planned development of Delhi. The said notification covered, inter alia, the land of village of Mehrauli but specifically excluded from the purview of the acqisition proceedings "Government land and evacuee land".

(3.) The land bearing khasra Nos, 1452, 1455, 2278/1456-1455, 1458 to 1460, 2006/1462, 1531, 1352 2071/1533, 2072/1553, 2073/1533, 1534 to 1537, 1539 to 1543, 2362/1544. 2363/1544, 2354/1544, 1545 to 1549, 1551, 1552, 1639, 1642 to 1651, 2017/1652. 2016/1652 and 1654 to 1658 measuring 30 bighas- 6 biswas situated in village Mehrauli was acquired evacuee land and vested in the Government under the Displaced Persons (Compensation 8 Rehabilitation) Act, 1954. In 1960 an auction notice was published by the Office of the Regional Settlement Commissioner, Government of India, Ministry of Rehabilitation, putting the aforesaid and being evacuee land for sale by public auction. The public auction was held on March 3, 1960 in pursuance of the powers conferred upon the Managing Officer under Section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. At the public auction the petitioner herein gave the highest bid for purchase of the said land for Rs. 72,000.00 . Har pid was accepted and approved by the Coppetent Authority. The sum of Rs. 72,000.00 was paid by the petitioner by adjustment of compensation of her and her associate's claim against properties left by her in Pakistan. A sale certificate was issued under Rule 90 on February 22, 24, 1966 declaring the petitioner as purchaser of the said land with effect from August 25. 1960. A copy of the sale certificate is attached as Annexure-II to writ petition.