SATISH KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These two petitions arise out of a similar set of facts and seek similar reliefs and are accordingly being disposed of by this common order. The arguments on the petitions were, however, heard separately.

(2.) In both petitions the relief sought is for a declaration of deemed lapsing of the land acquisition proceedings in respect of residential plots forming part of a regularized colony "Suraj Park" located in the Revenue Estate of Village Samaypur in Delhi. While W.P.(C) No.1054/2015 seeks the above relief in respect of residential plots 100, 101 and 102 measuring 113 square yards each, W.P.(C) No.5753/2015 seeks the relief in respect of the residential plots 104 and 104A measuring 150 square yards each. The second prayer in each petition is for a direction to Respondent No.1 to restore the actual, physical and vacant possession of the aforementioned residential plots to the Petitioners. The third relief is to restrain the Respondents from creating any third party interest or raising any construction on the said plots.

(3.) The averments in both petitions are almost identical. What is relevant is the averment in paragraphs 4 and 5 that there was a notification issued under Section 4 of the Land Acquisition Act, 1894 ("LAA") in 1961 in respect of the acquisition of the entire revenue estate of Village Samaypur followed by a declaration dated 7th December, 1966 under Section 6 of the LAA. It is stated that the Award No. 19/83-84 was pronounced in 1983, but by this time, "a big part of the land had already been developed in the shape of residential colony, known as Suraj Park". It is further averred that the plots in the colony had been converted into residential plots much prior to the initiation of "scheme of regularization" by the Government of NCT of Delhi. The colony was carved out in the shape of different blocks i.e. A, B, and C and these blocks were further divided into different plots "which were purchased, built and occupied by us".