JUDGEMENT
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(1.) HAVING failed to convince the Division Bench of the Delhi High Court to quash the acquisition of land bearing Khasra Nos. 409 and 410/1 situated at Village Malikpur Chhawani, the Appellant has preferred this appeal. The Appellant's father Shri Raja Ram Sharma migrated from Pakistan in 1947. He participated in the auction held by the Rehabilitation Department on 6.6.1958 and purchased the plots of land in question.
(2.) BY notification dated 20.7.1962 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), the Chief Commissioner of Delhi proposed the acquisition of various parcels of land of Malikpur Chhawani (total measuring 274 bighas 6 biswas) including Khasra No. 410 for a public purpose, namely, Planned Development of Delhi. The declaration made by the Chief Commissioner under Section 6 of the Act was published vide notification dated 20.9.1962.
(3.) SHRI Raja Ram Sharma challenged the acquisition proceedings in CWP No. 581 -D/1963, filed before the Delhi High Court. The same was allowed by the learned Single Judge vide order dated 16.12.1970, the operative portion of which reads as under:
The result is that both the impugned notifications under Section 4 and 6 of the Land Acquisition Act and the land acquisition proceedings vis -vis the Petitioner and his land bearing Khasra No. 409 and 410/1 located in village Malikpur Chhawani are quashed and a writ to that effect is issued. The Petitioner will also be entitled to his costs.
Lpa No. 109/1971 filed by the Respondents was dismissed by the Division Bench vide judgment dated 31.3.1980.;
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