BALWAN SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioners seeking writ of mandamus or any other appropriate writ, order or direction to the Respondents not to dispossess the Petitioners from the building constructed on 3 Bighas and 1 Biswa on Khasra No.398/329/93, Village Masoodpur, New Delhi.

(2.) The brief history of the acquisition in question is that Government vide its Notification dated 23.01.1965, under Section 4 of Land Acquisition Act, 1896 (for short "the Act"), notified 4826 Bighas 04 Biswas for acquisition for the purpose of 'Planned Development of Delhi'. Petitioners" land at Masoodpur village comprising 11 Bighas and 10 Biswas was also a part of the land under acquisition, which was notified by the Government for aforementioned purposes. The Petitioners claim that in furtherance of the acquisition, an Award bearing No.90/80-81 was passed by the Land Acquisition Collector in which it was particularly mentioned that among 873 Bighas of land, 3 Bighas of land was under residential construction and therefore was excluded from the land acquisition.

(3.) Petitioners, in their writ petition, have averred that out of 11 Bighas and 10 Biswas land, 6 Bighas and 10 Biswas land was agricultural land and 5 Bighas land was Abadi land. The portion of land falling under agricultural land was acquired pursuant to the Section 4 Notification and of the 5 Bighas Abadi area, a portion of land, namely, 01 Bigha and 19 Biswas land was Awarded in his favour and the rest of portion of land, namely, 3 Bighas and 01 Biswa land, which ought to have been excluded from acquisition has been acquired by the Respondents.