GULSHAN Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10th September, 2007 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition filed by the appellant herein.

(2.) THE appellant herein alleged that he was in possession of the land bearing khasra No. 436 (4-16), 446 (4-16) and 445 (4016), situated in the revenue estate of Village Bhalaswa Jahangirpur, Delhi to the extent of one and half share in the said khasra numbers. The said land was notified for acquisition on 15th september, 2000. Declaration under Sections 6 and 17 of the Land Acquisition act was issued on 17th April, 2001 and the award was made on 12th April, 2002.

(3.) IN July 2002, the appellant along with his brother Shri Yogender filed an application for compensation. On reference from the Land Acquisition Collector for adjudication, the learned Additional District Judge, Delhi by order dated 22nd March 2003, held that, though it is admitted fact that Gaon Sabha is the recorded owner of the land in question, but as the appellant and his brother were in actual, physical and cultivatory possession of land in question continuously for a period of more than 10 years prior to its acquisition, they acquired bhumidari rights under section 85 of the Delhi Land Reforms Act and are entitled to entire amount of compensation assessed by Land Acquisition collector i. e. Rs. 61,91,273. 49. As stated by the appellant before the learned single Judge and also before us the appellant has received the said amount in proportion to his entitlement.