Case: Bhimandas Ambwani (D) Thr. Lrs Vs. Delhi Power Company Ltd

2. Facts and circumstances giving rise to these appeals are that:A. The appellant had been conferred title over the land in Khasra No. 307 admeasuring 3 bighas and 3 biswas situated in the revenue estate of village Kilokri, Delhi and the Conveyance Deed for the same was registered on behalf of the President of India in favour of the appellant on 6.6.1962. A Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 5.3.1963 in respect of the land admeasuring 139 bighas and 2 biswas including the aforesaid land of the appellant. A declaration under Section 6 of the Act was made in respect of the said land on 22.8.1963. The Land Acquisition Collector made the award under the Act on 29.11.1963. However, no award was made in respect of the land measuring 23 bighas and 7 biswas including the suit land as it had been shown to be the land of Central Government. However, the possession of the land in respect of which the award was made and the land transferred to the appellant was also taken and the Union of India handed it over to Delhi Electric Supply Units (for short DESU) for the construction of staff quarters on 5.7.1966. The appellant claimed to have been deprived of the land without paying any compensation whatsoever, thus, there was a regular correspondence by the appellant and in view thereof Section 4 Notification under the Act was issued on 7.10.1968 in respect of the land admeasuring 31 bighas and 15 biswas including the land in dispute. The said Notification under Section 4 was not acted upon, but a supplementary award No.A dated 16.2.1974, was made in respect of the land in dispute, making reference to Section 4 Notification dated 5.3.1963B. Aggrieved, the appellant filed Writ Petition No. 307 of 1972 before Delhi High Court and the said writ petition was disposed ofvide judgment and order dated 26.11.1982 making it clear that acquisition proceedings emanating from Notification dated 5.3.1963 came to an end rather stood superseded by second Notification dated 7.10.1968 and therefore, supplementary award No.A dated 16.2.1974 was illegal and without jurisdiction and thus, the award was quashed. The respondents were directed to handover the vacant possession of the suit property to the appellant by 31.12.1983. However, liberty was given to the State to issue a fresh Notification under Section 4 of the Act within a period of one year and till then the possession could be retained by the respondentsC. It was in view thereof, a Notification dated 26.3.1983 was issued under Section 4 of the Act in respect of the suit land and in the meanwhile, the respondents preferred LPA No. 46 of 1983 against the said judgment and order of the learned Single Judge dated 26.11.1982D. Declaration under Section 6 of the Act dated 30.5.1983 was issued in respect of the suit land and the respondents did not complete the acquisition proceedings rather abandoned the sameE. The Division Bench allowed the said LPAvide judgment and order dated 22.3.2002. Review Petition against the said LPA filed by the appellant was dismissed on 21.5.2002

Reasoning:
11. The instant case is squarely covered by the aforesaid judgment in Tukarams case (supra) and thus, entitled for restoration of possession of the land in dispute. However, considering the fact that the possession of the land was taken over about half a century ago and stood completely developed as Ms. Ahlawat, learned Counsel has submitted that ad residential colony of employees of DESU has been constructed thereon, therefore, it would be difficult for respondent No. 1 to restore the possession, the only option left out to the respondents is to make the award treating Section 4 notification as, on this date, i.e. 12.2.2013 and we direct the Land Acquisition Collector to make the award after hearing the parties within a period of four months from today.