- (1.) Leave granted.
(2.) Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 25.8.2006 passed by a Division Bench of the High Court of Judicature at Delhi in CM No. 7244 of 2005 and Writ Petition No. 2068 of 1985.
(3.) Appellants who are three in number filed the aforementioned writ petition in the year 1985 questioning the validity and/or legality of a notification issued by the Union of India seeking to acquire lands bearing Khasra No. 186, admeasuring 3 Bigha 6 Biswas pertaining to Khewat No. 50/50, Khatoni No. 100 and Khasra No. 334/206 admeasuring 3 bigha 6 biswas as per Khewat No. 92/96, Khatoni No. 174, both situated at Village Begumpur, Tehsil Mehrauli, Delhi purported to be in terms of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (for short, 'the Act'). Indisputably, the said Act was enacted in the wake of partition of the country as a result whereof there was a large scale migration to and from India. Md. Sheruddin whose name was said to have been recorded in Jamabandi in the year 1948-1949 shifted to Meerut in the State of Uttar Pradesh. He was declared an evacuee in terms of the Administration of Evacuee Property Act in the year 1953. He prayed for restoration of the said land and allegedly an order in his favour was passed on 28.7.1956 by the Additional Custodian of Evacuee Property (Rural). Yet again after the death of Md. Sheruddin which took place on 9.4.1958, the property was declared to be an evacuee property and yet again an order restoring the land in question in favour of the appellants herein was passed on 10.10.1958 by the appropriate authority accepting their claim of entitlement to the extent of 1/3rd share of said Md. Sheruddin.;