- (1.) The challenge in this appeal is to an order dated 15.04.2004 passed by the High Court of Delhi in two writ petitions raising identical questions of law on similar facts. The writ petitions filed by the Respondent have been allowed and the acquisition proceedings under the Land Acquisition Act, 1894 (in short 'the LA Act') have been declared null and void. Aggrieved, the Delhi Administration has filed the instant appeal.
(2.) The core facts lie in a short compass and are as follows: The subject land, admittedly, was evacuee property. It was acquired Under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (in short 'the DPCR Act'). Thereafter the property was transferred to the compensation pool Under Section 14 of the said Act. A decision was taken to transfer the subject property out of the compensation pool to displaced persons. In an auction held on 6.8.1958 the predecessors of the Respondents (hereinafter referred to as the Respondents) offered the highest bid which was accepted on 15.10.1958. After adjustment of the verified claims, the Respondents were asked to deposit the balance price within 15 days which was so done. On 10.3.1959, the Respondents were informed by the Appellant that their bid has been accepted and provisional possession of the property is being handed over to them.
(3.) On 13.11.1959 a notification Under Section 4 of the LA Act was issued proposing to acquire 34070 acres of land in several villages including Village Basai Darapur where the subject land was situated. The notification Under Section 4 specifically excluded from the purview of the acquisition Government and evacuee land. After the Section 4 notification was issued and prior to the declaration Under Section 6 made on 6.1.1969, the sale certificate was issued in respect of the subject land on 25.1.1962. The same which was registered on 21.2.1962 clearly recites that the Respondents are declared as the purchasers of the property with effect from 25.1.1962.;