GAGAN CHOPRA Vs. U.O.I.

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the award bearing No.10/87-88 dated 19th May, 1987 of Village Shayoorpur. The petitioner has also in the writ petition prayed for declaration to the effect that the entries in the revenue record relating to the land of the petitioner falling in Khasra Nos.192/1 (0-10) and 192/2 (4-06) measuring 4 bighas 16 biswas, in the aforesaid Village Shayoorpur, Tehsil Mehrauli, New Delhi is illegal, unlawful, arbitrary and unwarranted and to re-transfer the aforesaid land in the revenue record in the name of the petitioner.

(2.) BRIEFLY stated the facts set up by the petitioner are that he is claiming himself to be the purchaser of the aforesaid two parcels of land by a registered sale deed dated 24th April, 1980 from the previous owner. It is alleged by the petitioner that on 25.11.1980, a notification under Section 4 of the Land Acquisition Act, 1894 in respect of land situated in 13 Villages in South Delhi included the Village in question was issued. On 20th May, 1985, a declaration under Section 6 was issued and thereafter an award was made on 19th May, 1987 bearing no.10/87-88 in respect of Village Shayoorpur. Before the award could be passed, the petitioner along with some other residents of the aforesaid Village had filed a writ petition being W.P.(C) No.304/1987 challenging the acquisition proceedings. However, due to some inadvertent mistake, the land falling in the aforesaid Khasras i.e. Khasra Nos.192/1 (0-10) and 192/2 (4-06) total measuring 4 bighas 16 biswas was not included in the said writ petition.

(3.) ON 2nd May, 1989, a writ petition bearing No.2478/1985 titled as M/s Mughul Travels and Transport Company Pvt. Ltd. v. Union of India and Ors. further clarified Balakram Gupta s case(supra) to the effect that the acquisition in respect of the entire land of 13 Villages at South Delhi has been quashed. As a necessary consequence of this decision in the aforesaid two cases the writ petition bearing WP(C)No.304/87, in which the present petitioner was also one of the petitioner, was allowed on 20.9.1988 in which the petitioner was also one of the petitioner. The petitioner has alleged that on 1st October, 1993 when he obtained Khatoni from the revenue record, he was surprised to find that in the said Khatoni, the land was shown to be acquired land whereupon he made inquries and found that the earlier writ petition bearing WP(C) No.304/87 filed by him along with other petitioners, did not contain the details of khasras numbers of the land belonging to the petitioner. This is the reason which has necessitated the filing of the present writ petition seeking a writ of mandamus and writ of certiorari declaring that the land falling in Khasra Nos.192/1 (0-10) and 192/2 (4-06) total measuring 4 bighas 16 biswas respectively in Village Shayoorpur does not stand acquired by virtue of the award bearing no.10/87-88 dated 19th May, 1987. The petitioner has, as necessary concomitant to this also sought reversal of the entries purported to have been made by the revenue authorities.