AJAY KUMAR Vs. LAND ACQUISITION COLLECTOR & ORS

JUDGEMENT

(1.) Counter affidavit is stated to have been filed in the Registry on 29.01.2018. Let another copy of the same be supplied to the counsel for the petitioner.

(2.) With the consent of the parties, the writ petition is set down for final hearing and disposal.

(3.) This is a petition under Art. 226 of the Constitution of India filed by the petitioner. The petitioner seeks a direction to respondent no.1/LAC (North) to forward the reference of the acquired land bearing Khasra Nos.23/11 min (2-12) and 23/20 min (2-12) situated in the revenue estate of village Harevli to the concerned court. The counsel of the petitioner submits that the father of the petitioner late Sh.Tek Ram was in the actual physical and cultivatory possession of agricultural land bearing Khasra No.23/11 min (4-16), 23/12 (4-16), 23/16 (4-16), 23/17 (4-16), 23/19 (4-16) and 23/20 (2-16) situated in the revenue estate of Village Harevli, Delhi for the last more than 50 years. Counsel for the petitioner also submits that the father of the petitioner had filed a writ petition being W.P.(C) 3257/1995 titled as Tek Ram vs. Deputy Commissioner, Delhi and Ors. seeking a direction that his possession be recorded in the revenue records in accordance with the Delhi Land Revenue Rules. It is also contended that such direction was issued on 30.05.2002. However, in spite of the aforesaid order, his name was not included in the revenue records. Counsel submits that the petitioner was also forced to file another writ petition being W.P.(C) 806/2003 titled as Tek Ram vs. Union of India & Ors. seeking protection of his possession over the subject land, which was disposed of vide order dated 31.01.2003 with various directions. Since the directions in both the writ petitions were not complied with, another writ petition being W.P.(C) 3315/2008 titled as Tek Ram vs. UOI & Ors. was filed, which was disposed of vide order dated 04.03.2009 and his physical possession was protected. He also submits that various petitions were filed by his late father for correction of the Khasra Girdawaries with regard to the entry of possession of Tek Ram including: