UNION OF INDIA Vs. SHIV KUMAR BHARGAVA

JUDGEMENT

(1.) THIS appeal by Special Leave arises from the Judgment of the Delhi High Court dated 21.2.1985 made in L.P.A. No. 26 of 1985 dismissing the appeal in limine as barred by limitation.

(2.) THE respondent filed the Writ Petition which came up before the learned Single Judge claiming alternative site on the ground that his land has been acquired for public purpose and that therefore, he is entitled to the benefit under the policy of the Government. The appellant have denied the right. The Single Judge found that though the respondent was not the owner on the date when the Notification under S. 4 (1) of the Land Acquisition Act was published but as on the date when the acquisition was finalised he became the owner by virtue of purchase and that therefore he is entitled to allotment of alternative site. The Division Bench dismissed the appeal on the ground of delay. This Court has condoned the delay and admitted the appeal.

(3.) THE policy of the Government indicates that the person whose land was acquired means the owner as on the date, notification was notified for acquisition, and he alone will be entitled to allotment of alternative site. A person who purchases land subsequent to the Notification may be entitled to claim compensation by virtue of sale made in his favour, namely, the right, title and interest the predecessor had but, he cannot be said to be the owner for allotment since the right of ownership would be determined with reference to the date on which Notification under S. 4 (1) was published. This was the view of this Court in another case while considering the Full Bench Judgment of the Delhi High Court. Under these circumstances, the appeal is allowed. The respondent cannot be considered to be the owner as on the date of Notification under S. 4 (1) published in the Gazette. The direction given by the learned Single Judge is accordingly quashed. The Writ Petition stands dismissed. No costs.