KAY TEE CABLES Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant is aggrieved by a judgment and order dated 21st September, 2004 passed by a learned Single Judge of this Court dismissing WP (C) No. 5679/2003.

(2.) The Appellant had filed a writ petition in respect of property bearing No.152-154 situated in village Chhatterpur, New Delhi. The Appellant prayed for determination of its rights in respect of the said property and for its transfer under Rule 26 or Rule 87 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (the Rules) and the circular of the Government of India dated 19th May, 1978. The Appellant also prayed for quashing of two orders dated 17th April, 2003 and 25th July, 2003 both passed by the Secretary (Land and Building).

(3.) The dispute regarding the rights in the said property was earlier the subject matter of considerable litigation between Teja Singh and Anup Singh (Respondents No. 4 and 5) and the State. The history of this litigation has been given in the order dated 17th April, 2003 passed by the Secretary (Land and Building), but it is not necessary to go into the details. Suffice it to say that the main issue agitated by these Respondents was with regard to the revaluation of the said property on its transfer to them as non-claimants under Rule 26 of the Rules. The Secretary (Land and Building) held in his order dated 17th April, 2003 that the revaluation had earlier achieved finality and that that issue could not be reopened by these Respondents. The petition filed by these Respondents under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (the Act) was dismissed by the said order dated 17th April, 2003.