RAKESH SEKSARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The four children of late Shri Radheshyam Makhanilal Seksaria have filed this writ petition praying inter alia that a direction should be issued to the Union of India and the Ministry of Urban Development ("MOUD") (Respondent No.1) to derequisition the immovable property at No.3, Man Singh road, New Delhi (hereafter "the property in question") under Section 6 (2) of the Requisitioning and Acquisition of Immovable Property Act, 1952 ("the 1952 Act") and hand over its possession to the Petitioners. The further prayer is for a direction to the Respondents to determine and pay compensation with interest under Section 9 of the 1952 Act till 10th March, 1987 and mesne profits with effect from 11th March, 1987 till the date of handing over of possession.

(2.) It must be noted at this stage that pursuant to an order dated 4th April, 2016 passed by this Court, the State of Punjab was impleaded as Respondent No.3 to the present petition. Respondent No.2 is the Director of Estates in the MOUD.

(3.) The background facts are that the predecessor-in-interest of the Petitioners late Shri Radheshyam Makhanilal Seksaria is stated to have purchased the property in question from the late Maharaja Paramjit Singh, a former Ruler of the Kapurthala State, by a registered sale deed dated 10th January, 1950 for a consideration of Rs.1.5 lakhs. Kapurthala was a sovereign state till its merger with the Patiala and East Punjab States Union ("PEPSU") and the subsequent merger of PEPSU into the Dominion of India.