BASHIRUDIN Vs. UOI

JUDGEMENT

(1.) This writ petition was filed on 1.1.2000 seeking the quashing of an Award No.15/87-88 in respect of land ad-measuring 16 bighas and 11 biswas in Village Chattarpur, Tehsil Mehrauli, Delhi. The said award was made pursuant to a Notification dated 25.11.1980 issued under Section 4 of the Land Acquisition Act, 1894 (`Act') and a Declaration under Section 6 of the Act vide Notification dated 7.6.1985.

(2.) The writ petition was filed by one Anil Gupta, claiming to be an authorised attorney of the four petitioners on the basis of a General Power of Attorney dated 28.10.1999, a copy of which was annexed to the petition. The petitioners claimed that while they were aware of the Notification under Section 4 and Declaration under Section 6 as noticed hereinabove, they knew nothing of the passing of the Award No.15/87-88 till 30.1.1999 on which date, the officers of the Delhi Development Authority ('DDA'), Respondent No.2 herein, sought to take possession of the land. It is the petitioners' case that although the ownership of the land was changed in the name of the Government in 1967-68, they continued to cultivate the land even till the date of the filing the writ petition.

(3.) The writ petition was first listed before a learned Vacation Judge of this Court on 3.1.2000. Notice was directed to be issued. It was further directed that the petitioners would not be dispossessed till the next date of hearing. The respondents failed to file any counter affidavit for nearly two years and the interim order continued. On 3.1.2002, Rule was issued and the interim order made absolute.