BADAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioners have challenged the notifications under sections 4 and 6 of the Land Acquisition Act issued by the respondents with respect to their land. The petitioners have also made a prayer for quashing the awards made by the Collector consequent to the acquisition of the land. Briefly the facts are that the petitioners claim to be owners/bhoomidars of land bearing khasra numbers 341(4-5). 342(11-16), 343(3-8), 344(9-4), 345(3-1), 346(14-11), 348(2-5), 348 min (0-15) and 349(2-17) situated within the Revenue Estate of Village Ladha Sarai, Delhi. According to the petitioners Prithi Singh, their predecessor-in-interest came in possession of the aforesaid land in the year 1942. Prithi Singh died in 1970 and thereafter the petitioners came to be in possession of the land. It is further the case of the petitioners that they were declared bhoomidars with respect to the said land by competent authorities under the Delhi Land Reforms Act. The notification under section 4 of the Land Acquisition Act was issued on 23rd January, 1965. This was followed by a notification under section 6 of the said Act issued on 6th January, 1969. The Collector made award Nos.64 and 64A/83-84 covering the said land. The initial award was made on 20th October, 1983 while the supplementary award was made on 20th August, 1985.

(2.) The petitioners claiming themselves to be the owners/bhoomidars of the said land, applied before the Revenue Assistant as per the provisions of the Delhi Land Reforms Act for being declared as bhoomidars. Vide an order dated 29th June, 1972 passed by Shri K.N.Srivastava, Revenue Assistant, Delhi, the petitioners were declared to be bhoomidars with respect to the land in question. The decision of the Revenue Assistant was confirmed in an appeal filed before the Additional Collector vide order dated 28th February, 1974. The Financial Commissioner also confirmed the finding of the Revenue Assistant vide his order dated 14th April, 1974. Thus the petitioners were declared as bhoomidars of the land in question by the competent authorities under the Delhi Land Reforms Act.

(3.) The case of the petitioners in the present writ petition is that since the land in question was government land being evacuee property at the time of the notification under section 4 of the Land Acquisition Act, the said notification was liable to be quashed because the government cannot acquire its own property. Thus the petitioners are now contending that the land in question already belonged to the government at the time of the notification under section 4 and, therefore, it could not have been acquired.