BHAGAT SINGH Vs. NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) The petitioner, who is the co-owner with his brothers Shri Udham Singh and others of land measuring 6 bighas 7 biswas, forming part of Khasra No.670/414/2, Khata Khatauni No.25 min/25, situated within the Revenue Estate of village Kondli, Tehsilhahdara, Delhi, filed this petition on 1.7.1995 seeking the quashing of notification (annexure-P.4) dated 30.5.1995 issued under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 (for short "the Act").

(2.) It is alleged that the petitioner's father Shri Richpal Singh was the bhoomidar of agricultural land measuring 45 bighas 4 biswas within the Revenue Estate of village Kondli, Tehsil Shahdara, Delhi, which also includes the land measuring 9 bighas 15 biswas falling in Khasra No.670/441/2. For the purposes of establishing Dairy Colony, Shahdara about 325 bighas 11 biswas in village Kondli was acquired through notification dated 19.8.1976 for which Award No.4/1979-80 was made. Out of land comprised in Khasra No.670/414/2 only 3 bighas 8 biswas was acquired thereby leaving 6 bighas 7 biswas in tact. It is alleged that after acquisition of the land and delivering of its possession to the Municipal Corporation of Delhi, the purpose of establishing Dairy Colony in Shahdara stood achieved. The petitioner along with the other co-owners had been using, enjoying and utilizing the left out area of 6 bighas 7 biswas, but all of a sudden in 1988 the officials of Delhi Administration started interfering with this land because of which suit No.840/88 had to be filed in the court of Civil Judge, Delhi. During the course of the pendency of the suit, statement was made on behalf of respondents that 6 bighas 7 biswas of land, out of Khasra No.670/414/2 of village Kondli was not acquired. In view of such statement, the suit was withdrawn.

(3.) It is also alleged that the Delhi Development Authority (for short "the D.D.A.") under some apprehension that their land had been trespassed and unauthorisedly occupied, moved an application before the Tehsildar, who directed demarcation to be carried out. Necessary notices were issued to the concerned parties including the petitioner and the D.D.A. The D.D.A. initially participated in the enquiry but subsequently failed to put in appearance. After completion of necessary formalities, the Patwari of the concerned area submitted his report, according to which the D.D.A. had occupied about 4 bighas of land, over which people are living and on which, according to the D.D.A. staff plots were carved and allotted to public. As per the demarcation report 2 bighas 7 biswas of land was reported to be lying vacant. Thus the D.D.A. was in occupation of 4 bighas land of the petitioner.