HARBANS KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the validity of the order dated 16th of September 1982 passed by the Metropolitan Magistrate directing that the charge be framed against the petitioner under section 9 of the Delhi Lands (Restrictions on Transfer) Act, 1972. Earlier the case was sent up by the police also under section 420 and 120-B Indian Penal Code . but it seems that the learned Magistrate declined to frame charge under these sections. This order of the learned Magistrate was passed despite an application made by the petitioner under section 239 Cr.P.C. asserting that there were no grounds for framing of the charge.

(2.) Now for purpose of determination of the controversy I may take notice of certain dates. Section 4 notification under the land Acquisition Act was issued on 24th October 1961. Admittedly, the land in dispute comprised in khasra Nos. 20 and 39, Azadpur. At the time when section 4 notification was issued it was an evacuee land and the aforesaid section 4 notification had exempted the evacuee land. It is obvious from this section 4 notification dated 24th October 1961 that the evacuee lands were not covered by it.

(3.) The aforesaid land was sold in public auction by the State and the petitioner purchased it for consideration and the sale certificate in respect of this land was issued in favour of the petitioner on 16th of May 1963. Thereafter a notification under section 6 of the land Acquisition Act appears to have been issued on 23rd January 1964 convering this land as well. This was done despite the fact that this land was exempted by section 4 notification of the Land Acquisition Act.