KRISHAN KUMAR CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These Letters Patent Appeals are directed against the judgment of Tatachari J., dismissing two writ petitions, filed by the appellant and Shrimati Maya Devi Chopra. This judgment will govern both the appeals.

(2.) Fact giving rise to the writ petitions may be briefly noted : Land comprising khasra No. 207 measuring two bighas and seven biswas, khasra No. 569/297 measuring four bighas ten biswas and khasra No. 570/297 measuring one bigha twelve biswas, situated in Kharera, District Delhi, was evacuee property. The Central Government issued a notification under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954. It was duly auctioned by the Managing Officer on 4-7-1960 and 22-2-1961. Krishna Kumar Chopra and Shrimati Maya Devi Chopra, who were displaced persons, succeeded in buying the land. Krishan Kumar Chopra bought the land comprising khasra Nos. 207 and 569/297 while Maya Devi Chopra bought land comprising khasra No. 570/297. They applied for the adjustment of the sale-price against the compensation payable to them and their associates against the verified claims. Both of them were put in possession of the land on 12-4-1961 pending finalisation of the necessary sale-certificates.

(3.) The Chief Commissioner, Delhi, had, on 13-11-1959, issued a Notification No. F. 15 (III)59-LSG, under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") in respect of land measuring 34,070 acres in and around Delhi, marked and described in Annexures to the Notification, since it was required by the Government at public expense for a public purpose, namely, planned development of Delhi. This Notification had specifically excluded evacuee lands. The result was that the land in question, though situated within the aforesaid extent of 34,070 acres, was outside the scope of this Notification. The Managing Officer, at the time of issuing the notice of auction in respect of this land (Annexure A-l) stated therein that the same was out of the purview of the aforesaid Notification dated 13/11/1959.