BHARAT SEWAK SAMAJ Vs. GOVERNOR

JUDGEMENT

(1.) THE petitioner by virtue of the present writ petition has challenged the notification bearing No. (9)(60)/2003/L&B/LA/6084 dated 06.07.2004 and the subsequent proceedings taken thereto by virtue of which his land measuring of 12 Bigas 05 Biswas in Khasra No. 301, 493/302 Village Ladha Sarai, New Delhi has been acquired.

(2.) BRIEFLY stated, the facts of the present case are that the petitioner is a Society registered under the Societies Act, 1860 is the owner of the aforesaid land which was purchased by it from the Union of India for a total consideration of Rs. 18,375/ - (Eighteen Thousand Three Hundred Seventy Five) vide sale deed dated 22.02.1962. The said sale deed is duly registered with the office of Sub -Registrar, Delhi. The petitioner Society was formed by the first Prime Minister of India and Late Shri Guljari Lal Nanda was its first Chairman and thereafter high dignitaries were occupying the said office. The Society was formed for the charitable purposes and runs night shelter, Mahila Shilp Kala Kendra, Balwari, Charitable Medical Dispensary, Carpentry, Model Agricultural Farm, Ashram and a library etc. On 06.01.1969 a notification under Section 4 bearing No. F.4(98)/64/LR(ii) was issued by the respondent Nos. 1 to 3 disclosing its intention to acquire the aforesaid land as a part of the wider parcel of land for the public purpose. The aforesaid notification was followed by a declaration under Section 6 and ultimately an Award No. 27/74 -75 was passed in the year 1975. The petitioner filed the suit against Union of India and DDA.

(3.) THE respondent Nos. 1 to 3 have filed their common counter affidavit while as the respondent No. 4 has filed its separate counter affidavit. The sum and substance of the stand of the respondent is that the land has been acquired for the public purpose of developing a heritage park in the Mehrauli area where the land in question is situated. It has also been disputed by them that the possession of land continues to be with the petitioner. On the contrary there has been a specific averment made by the respondents in their counter affidavit to the effect that the possession of the land in question was taken over by the respondent Nos. 1 to 3 on 7th May, 2003, i.e., before the issuance of the present notification under Section 4 of the Land Acquisition Act, 1894 and thereafter handed over the same to the DDA for the public purpose for which it was sought to be acquired. The averment of the respondent No. 4 in the counter affidavit is contained in para 14 in this regard and it has not been disputed by the petitioner in the rejoinder.