LAWS(DLH)-2006-7-181

KAMLA SHARMA Vs. UNION OF INDIA

Decided On July 31, 2006
KAMLA SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These two applications are filed in Writ Petition (C) 3250/1997 which was disposed of by a Division Bench of this Court on 15.7.2002.

(2.) The writ petition was filed on 7.8.1997 by the petitioner (since deceased and now substituted by legal representatives) questioning the validity of a Notification dated 25.11.1980 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), a declaration dated 6.6.1985 under Section 6 of the Act and an Award No. 18/87-88 dated 5.6.1987 in respect of the land of the petitioner admeasuring 25 bighas and 1 biswa, situated within the revenue estate of Village Tughlakabad, in the city of Delhi.

(3.) One of the contentions of the petitioners was that neither possession had been taken by the respondents nor any compensation paid. The stand of the respondents was that there were encroachments on the land that prevented the respondents from taking possession. On 22nd May, 2001, this Court passed the following order : "22.05.2001 Present: Mr. N.S. Vashisht, Advocate for the petitioner. Mr. Sanjay Poddar, Advocate for the respondent. CM No 5522/2000 in C.W.No. 3250/1997