RAM PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioners seek the quashing of a Notification dated 20.8.1974 issued by the Union of India under Section 22 of the Delhi Development Act, 1957 ('DD Act') and for a direction restraining Respondents from denying access to the land admeasuring 4 bighas and 1 biswas in Khasra No. 173 and 1 bigha in khasra No. 596/172 in village Tehkhand, New Delhi ('the land in question'). An alternative prayer is for a direction to the Respondents to hand over possession of the lands in question to the Petitioners "if they are found in possession" or direct the Respondents to acquire the land and pay compensation to the Petitioners.

(2.) ACCORDING to the Petitioners, the land in question in village Tehkhand was in the ownership and joint possession of Shri Asha Ram, Shri Harpal and Shri Nepal, sons of Shri Sunehri, Shri Therikha son of Shri Muluk and Shri Ramchander and Shri Ram Prasad sons of Shri Ram Swaroop. It is stated that although the land in question was cultivated by these persons during the years 1958, 1959 and 1960, the revenue records for the year 1953-54 showed the land as banjar kadim and, therefore, the Gaon Sabha was shown to be in possession of the land. According to the Petitioners the land was wrongly shown to be Gaon Sabha land since it formed part of the Petitioners' holding in view of the Explanation to Section 7 of the Delhi Land Reforms Act, 1954 ('DLRA').

(3.) IT is stated by the petitioners that a part of the land i.e. 1 bigha and 5 biswas in khasra No. 173 was acquired under the Land Acquisition Act 1894 (LAA) and compensation was paid on 14.5.1971 to the aforementioned persons consequent to a Reference Petition No. 82 of 1969 under Sections 30/31 LAA based on the decree dated 23.5.1962. Thereafter the aforementioned persons continued in khasra No. 576 of 1962 in village Tehkhand.