- (1.) These appeals have been preferred against the impugned judgment and order dated 22.3.2002, passed by Delhi High Court in LPA No.46 of 1983 and judgment and order dated 21.5.2002 passed in Review Application C.M. No.893 of 2002 therein by way of which the appeal filed by the respondents against the judgment and order of the learned Single Judge dated 26.11.1982 had been allowed.
(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 situate 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. 1651-A dated 16.2.1974, was made in respect of the land in dispute, making reference to Section 4 Notification dated 5.3.1963. B. Aggrieved, the appellant filed Writ Petition No.307 of 1972 before Delhi High Court and the said writ petition was disposed of vide 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making it clear that acquisition proceedings emanating from Notification dated 5.3.1963 came to an end rather stood superseded by second Notification dated 7.10.1968 and therefore, supplementary award No.1651-A dated 16.2.1974 was illegal and without jurisdiction and thus, the award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 respondents. C. 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 26.11.1982. D. 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 same. E. The Division Bench allowed the said LPA vide judgment and order dated 22.3.2002. Review Petition against the said LPA filed by the appellant was dismissed on 21.5.2002. Hence, these appeals.
(3.) Shri Arvind Kumar and Ms. Henna George, learned counsel appearing for the appellant have submitted that there had been 3 successive Notifications under Section 4 of the Act. Therefore, the second Notification superseded the first and the third Notification superseded the second notification. In response to the first Section 4 Notification there was no award as the Land Acquisition Collector considered that the suit land belonged to the Central Government. The supplementary award was made subsequent to the second Section 4 Notification making reference to the first Section 4 Notification dated 5.3.1963 which had already elapsed. The learned Single Judge has rightly decided the issue and in pursuance of the same once the third Section 4 Notification was issued on 26.3.1983 and no further proceedings were taken, it also stood elapsed. Therefore, in law, there had been no proceedings regarding acquisition of the land in dispute. The respondent-authorities cannot be permitted to encroach upon the land of the appellant without resorting to the procedure prescribed by law. The Division Bench erred in reversing the judgment of the learned Single Judge under the misconception that there was a valid award in respect of the land in dispute as it could be made referable to Notification under Section 4 dated 7.10.1968 and therefore, the appeals deserve to be allowed.;