VIDYA SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Vidya Sagar, seeks orders restraining the Union of India, the Delhi Administration and the Delhi Development Authority (D.D.A.) from taking further steps in the matter of the dispossession of the petitioner from house property bearing old Municipal No. 819 (new Municipal No. 1301), situated in Bagichi Tansukh Rai, Mohalla Kundewalan, Ajmere Gate, Delhi.

(2.) The property in question was notified for acquisition on 19-3-1938 under S. 36 of the U. P. Town Improvement Act, 1919 (hereinafter referred to as the 1919 Act) for the purpose of the Delhi-Ajmere Gate Slum Clearance (DAG) Scheme. In pursuance thereof a notification under S. 42 was made on 29-4-1946 and the Special Land Acquisition Collector made an award on 13-1-49 being award No. 492/632. According to the petitioner, however, he took possession of the house from his uncle (who had been his guardian) in 1955 and continued to be in possession thereafter. He had applied to have the house de-requisitioned and according to him the authorities had also agreed to abandon the house and placed it in the Betterment List under S. 64A of the Act. Despite this, he alleges, the authorities have suddenly decided to proceed further in the matter of acquisition and have started taking steps to disturb and interfere with the possession of the petitioner. Hence this Writ petition,

(3.) Before proceeding to deal with the merits of the petition, it is necessary to deal with certain preliminary objections raised by Sri Keshav Dayal, counsel for the D. D. A.