SATLUG BHATTA CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Writ Petition under Article 226 of the Constitution of India was filed on 11.3.1992 directing the respondents to hand over physical possession of land measuring 12 bighas 18 biswas in khasra Nos.384, 385 and 390 in village Shayurpur to the petitioner company in compliance with the judgment dated 16.05.1989 in the writ petition No. CWP No.51/1989 titled Balak Ram Gupta Vs. UOI.

(2.) An amended writ petition was also filed in which additional prayer was made for issuing writ or order in the nature of certiorari for quashing the notification dated 25.11.1980 under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) and declaration dated 20.5.1985 under Section 6 of the Act as well as the award No.10/87-88 relating to village Shayurpur.

(3.) We have heard Mr. N.S. Vashisht, Advocate learned counsel for the petitioner and Mr. Sanjay Poddar Advocate learned counsel for the respondent. By the order dated 12.1.1993 it was clarified in this petition that the case titled 'Jit Ram Vs. UOI and Ors being CWP No.3611/91 will be the main case because the facts and the prayers were similar. In view of the judgment in Jit Ram's case (supra) the petition has been listed by the office for disposal. We may mention here that vide judgment dated 26.5.2006 in W.P. No.809/1992 titled Santosh Kumar Vs. UOI and Ors. the above referred connected CWP No.3611/1991 titled Jit Ram Vs. UOI and Ors. has also been dismissed. In the present petition also the prayer is the same i.e., to issue a writ in the nature of certiorari for quashing the notification under Section 4 of the Land Acquisition Act dated 25.11.1980 and the declaration under Section 6 of the Land Acquisition Act dated 20.5.1985 as also award issued by the Land Acquisition Collector bearing No.10/87-88 relating to village Shayurpur. The land in question measures 12 bighas 18 biswas in khasra Nos.384, 385 and 390 and its physical possession is being sought in the present writ petition. In para 7 of the counter affidavit filed by the Union of India and the Delhi Administration, it is submitted that after taking possession, interests of third parties have come into existence.