GURDIP SINGH UBAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners Gurdip Singh, Mrs. Har Sharan Mishra and Mrs. Har Kiran have filed this writ petition under Article 226 of the Constitution on. 23-4-1986, praying that the notifications for acquisition issued for planned development of Delhi under Sections 4 and 6 of the Land Acquisition Act (hereinafter called as "the Act"), being dated 25-11-1980 and 7-6-1985 respectively, in relation to the land of the petitioners in village Chhatarpur in the Union Territory of Delhi, be quashed.

(2.) The petitioners asserted that they are the owners and in possession of land in khasra No. 70411, 706j2, 70611, 706,3, 70712, 714, 71512, 90912, 1012 and 693, all situated in the revenge estate of village, Chhatarpur in the Union Territory of Delhi. It was also asserted that the aforesaid lands are allotted to Major General Sujan Singh Uban in lieu of agriculture lands left behind in. West Pakistan. It was further asserted that this land was allotted to Major General Sujan Singh Uban by Sanad dated 27-9-1963. The petitioners became owners of the land as a result of an arbitration award of Shri Ram Singh Uban.

(3.) The aforesaid notification under Section 4 of the Act, dated 25-11-1980 purported to exclude certain categories of land from acquisition although they were within the villages land whereof was acquired. These were : (a) Government lands; (b) Land already notified either under Section 4 or under Section 6 of the Land Acquisition Act, 1894; and (e) the land in respect of which layout plans building plans had been sanctioned by the M.C.D. before 5-11-1980.