(1.) The petitioner claims that she was the owner of 4 bighas and 18 biswas of land comprised in khasra no. 402/95 Min. situated in the revenue estate of village Masoodpur, Delhi. Vide notification no.F.-4(98)/64-LandH dated 23/1/1965 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'), the appropriate Government intended to acquire the entire land in furtherance to which notification/declaration under Section 6 of the Act was issued on 26/12/1968 for large chunks of land measuring about 873 bighas including the land owned by the petitioner. The Collector vide his award no. 90/80-81 dated 22/12/1980, however, only included and awarded compensation to the petitioner for the land measuring about 3 bighas out of khasra number afore- stated. The case of the petitioner is that the remaining land of 1 bigha and 18 biswas was never, thus, acquired and possession thereof continues to be with the petitioner. The acquisition proceedings initiated have already lapsed by efflux of time as the respondents have failed to make the award within the prescribed period of two years i.e. on or before 24/9/1986. The land of the petitioner, thus, stood free from acquisition proceedings and it was a free land vested in the petitioner. She being the owner, the respondents have no right to interfere in her peaceful possession. In fact on 29/3/1989, the petitioner had applied for a no objection certificate under the provisions of the Delhi Lands Restriction on Transfer Act, 1972 which was granted on that date. However, according to the petitioner, the officers and employees of the respondents came to the land in question on 16th March, 1990 and told that the land had been acquired in furtherance to the notification under Section 4 dated 23.1.65 and threatened to dispossess the petitioner forcibly giving rise to the filing of the present petition. The petitioner prays that the notifications issued by the respondents under Sections 4 and 6 be quashed and the respondents be restrained from disturbing the peaceful possession of the land of the petitioner in relation to 1 bigha and 18 biswas.
(2.) The respondents upon service filed a detailed counter affidavit. It is not very necessary for us to notice the facts stated in the counter affidavit in any great detail as the facts are hardly in dispute. In fact in paragraph No. 2 of the counter affidavit (reply on merits), the respondents stated as under:-
(3.) A separate counter affidavit was filed on behalf of the DDA wherein it has been stated that the total area of khasra no. 402/95 Min. situated in the revenue estate of village Masoodpur, Delhi is 4 bighas and 18 biswas out of which an area measuring about 3 bighas and 15 biswas was duly acquired by respondent No. 1 vide award No. 90/80-81 and physical possession thereof was handed over to DDA on 29/12/1980 and thereafter the land was placed at the disposal of the DDA for development in accordance with master plan vide notification No. F-9(2)/78 L andB dated 3/2/1981.