MAHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed with the following prayers:

(2.) Essentially the writ petition challenges the acquisition proceedings initiated by virtue of notification No. F.7(2)/81-L&B (i) (ii) (iii) dated 23rd January, 1981 under Section 4 of the Land Acquisition Act, 1894 for the purpose of construction of Supplementary Drain in the area of Village Dichaon Kalan under the planned development of Delhi. The said notification culminated into passing of an award by invoking urgency clause by invoking Section 17(1) and 17(4) of the Act. The petitioner was issued notices under Section 9 and 10 of the Act and he also did not raise any grievance.

(3.) In the counter affidavit, the respondent have stated that the physical possession of the land was taken over and handed over to the beneficiary on 27th December, 1982. This plea of the respondent in the counter affidavit filed on 19th November, 2004 has not been refuted by the petitioner, even after a passage of four years. Therefore, it is evident that the possession of the land having been taken on 27th December, 1982 and thereafter the same having been given to DDA has become a Government land though the petitioner has disputed the action of possession having been taken.