(1.)Special leave granted in S.L.P. (C) Nos. 11914-11915 of 1991.
(2.)On 14-8-2002, this Court allowed the applications filed in C.A. Nos. 1029-1030 of 1992 and Civil Appeals arising out of S.L.P. (C) Nos. 11914-11915 of 1991 for substitution and condonation of delay in filing the applications for substitution in respect of some of the respondents, who died during the pendency of these appeals. In the light of the above, all other applications filed for substitution and condonation of delay of one or the other parties in the above matters by the respective counsel for the appellants are also allowed. After the hearing was completed and orders have been reserved, it appears that the heirs of one Late Sultan Singh alias Ishwar Singh claiming to be interested in the compensation but admittedly was not a party (the late Sultan Singh himself) either before the Reference Court or the High Court, have filed applications to be impleaded as necessary parties. Since, the predecessor-in-interest of the applicants was himself not a party at any stage of the proceedings before the Courts below, we see no justification to entertain their claim for coming on record at this stage of the proceedings. These unnumbered applications filed by Col. Mohinder Singh Malik and three others are, therefore, rejected. Having regard to the orders passed already, and the fact that the necessary legal representatives of all parties, who died during the pendency of the matters in this Court, have come on record, the benefit of the same will enure to the appellants in C.A. Nos. 1027-1028 of 1992. The fact that the applications filed therein, earlier were not pressed and disposed of as such, will not come in the way of those appeals also being heard on merits and disposed of in accordance with law, along with the other appeals.
(3.)An extent of about 5500 bighas of land described as 'gair mumkin pahar' (uncultivable mountainous area) situated at Masudpur village within the Union Territory of Delhi was acquired by the Government for planned development of Delhi. Notifications were issued - (1) on 24-10-1961 for acquisition of 720 bighas and 4 biswas out of 4307 bighas and 18 biswas under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). It may be stated at this stage itself that an extent of 390 bighas of land notified on 24-10-1961 and acquired by passing the award in Award No. 1944 does not form the subject-matter of these proceedings. Declarations under S. 6 of the Act were issued on 6-8-1966. In the course of the Award enquiry claims were filed before the Land Acquisition Collector by three categories of claimants as hereunder :-
(i) Claims by the Union of India and Gaon Sabha that the lands acquired stood vested with the Gaon Sabha they being 'waste land' under S. 7 of the Delhi Land Reforms Act, 1954. This claim proceeded on the basis that not only it was 'waste land' but also the Bhumidari certificate issued in favour of Smt. Gulab Sundari was invalid and non est in law.
(ii) The other class of claims were from the proprietors/co-owners, on the basis that the acquired land was not 'land' as defined under S. 3(13) of the Delhi Land Reforms Act, since they were being used for non-agricultural purposes and, therefore, they neither could be said to be 'waste land' nor could be held to have vested in the Gaon Sabha, for either of them to claim any title to the lands in question and, therefore, they continued to be proprietors of the soil and as such entitled to the compensation for themselves; and
(iii) Yet another claim was from Smt. Gulab Sundari and her transferees of portions of the rights over the land on the ground that she was the Bhumidar of the land measuring about 4307 bighas and 18 biswas and those lands were part of her Bhumidari holding out which she also claimed to have transferred rights in an extent of 3500 bighas of undivided holding in favour of the other private respondents/claimants.