MADHULIKA SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a Petition seeking quashing of Award No.6-B/Suppl./81-82, whereby land of the Petitioners, measuring 1bigha and 4 biswas, comprised in Khasra No.288 Min. of Village Jasola, was acquired.

(2.) IT has been alleged in the Petition that the Petitioners purchased land in question from Ram Prasad, Mahesh Chand, Mehar Chand, Sat Pal and Satvir vide Registered Sale Deed, on the basis of a „No Objection Certificate " issued by Additional District Magistrate (LA) Delhi. It was stated in No Objection Certificate that Notification No.F-4(9)64/L&H dated 7.12.1966 issued under Section 6 of Land Acquisition Act, had lapsed. The Notification under Section 4 of the Act, in respect of land in question was issued on 6.4.1964 followed by the notification under Section 6 of the Act on 7.12.1966. It has been claimed in the Petition that since notifications under Section 4 and 6 had lapsed, it was not within the power of the respondents to acquire land in question and the award whereby his land was acquired is against the provisions of Section 11A of Land Acquisition Act, which provides a limitation for making the award. It has also been pleaded that the award is null, void and illegal in view of the admission of the Respondents that the notification under Sections 4 and 6 had already lapsed.

(3.) IT has also been alleged in the counter affidavit that No Objection Certificate relied upon by the petitioner does not amount to requisite certificate under the provisions of Delhi Lands (Restrictions on Transfer) Act, 1972, the Rules framed under the Act prescribe a format for this purpose, and Competent Authority has not issued any No Objection Certificate for registration of Sale Deed in favour of the petitioner. It has also been stated in the counter affidavit that the sale deed executed in favour of the petitioner contains false averments to the effect that the land had not been notified under Section 4 or 6 of Land Acquisition Act and the possession of the land had been handed over to the petitioner.