DELHI DEVELOPMENT AUTHORITY Vs. SARASWATI DEVI

JUDGEMENT

(1.) THE learned Single Judge vide impugned order has quashed the notification dated 7.3.1962 issued by the Delhi Administration under Sections 4, 6 17 of the Land Acquisition Act, 1894 for acquiring the land of Village Masjid Morh including the land of respondent no.1 measuring 5 bighas 19 biswas in Khasra No. 368. Aggrieved by the said order, the DDA has preferred this Letter Patent Appeal.

(2.) THE property in question was acquired by the Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was thereafter placed in the compensation pool under Section 14 of the Act. The said property was later on notified for sale in public auction on 21.5.1958. The late husband of respondent no.1 had participated in the auction. His bid was highest and was, therefore, accepted by the Government. The Ministry of Rehabilitation, Government of India vide letter dated 31.10.1960 asked the late husband of respondent no.1 to take provisional possession of the property in question purchased by him in public auction. Part auction money was paid by the late husband of respondent no.1 by way of adjustment of his verified claim against property left by him in Pakistan. The late husband of respondent no.1 (auction purchaser) died on 6.6.1970. After his death the Ministry of Rehabilitation, Government of India vide its letter dated 16.6.1980 asked respondent no.1 to deposit the balance sale consideration of Rs. 14,992/-within fifteen days. The balance sale consideration was deposited. Sale certificate was issued on 22.7.1980 and the same was registered on 15.7.1981.

(3.) LEARNED Single Judge had framed following two issues for consideration in view of the pleadings of the parties before him: