MEHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The case reveals peculiar facts in which land in question, which stood acquired by award made on 30.12.1963 has again been made subject matter of acquisition proceedings, without reference to the earlier acquisition proceedings.

(2.) This petition was instituted on 26.2.1991 by Mehar Singh son of Rakha Ram praying for quashing of notification (Annexure-E) dated 25.11.88 issued under Section 4 of the Act; the declaration dated 23.12.1988 under Section 6; notification dated 23.12.1988 (Annexure-G) issued under Section 17(1) of the Act and the award (Anexure-I) No.9/90-91 dated 13.12.1990 of village Humayunpur with respect to property known as House No.247, Arjun Nagar, New Delhi; standing on and comprised in land measuring 10 biswas comprised in khasra No.427/328 min situate in village Humayunpur.

(3.) The petitioner alleged that the land on which House No.247, Arjun Nagar, New Delhi is situated was purchased through deed dated 17.3.1959 registered as document No.1338 in Additional Book No.1, Volume 465 on 23.3.1959 in the name of his mother Smt.Harnek Kaur. Construction was raised thereupon and he had his workshop there upon under the name and style of M/s.Jandu Engineering Company for which appropriate licence had been obtained under Section 416 and 417 of the Delhi Municipal Corporation Act. The establishment is also registered under the Delhi Shops and Establishment Act. He had been residing in the property. His mother Smt.Harnek Kaur had filed a suit against him for possession. Claim for possession was given up by her in the said suit and thus all rights, title and interest of Harnek Kaur stood extinguished and the same stood vested in him. It is further alleged that the Delhi Development Authority during proclamation of emergency took possession of lands in the vicinity of the property, which stood acquired by the Government and thereafter prepared a Development Plan for the area. In the Development Plan, this property is earmarked as plot No.113 in Block No.B-17, Safdarjung Development area Scheme. Delhi Development Authority had developed the area in accordance the Development Plan and since the land beneath the petitioner's house and in the vicinity around it already stands developed, according to the development plan, within the ambit and scope of the Delhi Development Authority Act, no further development was required to be made. The only liability of the petitioner was to pay betterment charges in respect of the property to the respondent (D.D.A.).