SUNIL KUMAR AND ORS Vs. UNION OF INDIA AND ORS
LAWS(DLH)-2017-12-110
HIGH COURT OF DELHI
Decided on December 13,2017

SUNIL KUMAR And ORS Appellant
VERSUS
Union of India And Ors Respondents




JUDGEMENT

G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India. The petitioners seek a declaration that the acquisition proceedings in respect of the land comprising in Khasra No.2039/1800/169 (0-07), 2036/166/1-2 (0-08), 1725/167 (0-04), 1726/167 (0-08), 2033/166/1-2 (0-08), 2034/166/1-2 (0-08), 2533/1796/167 (0-11) and 2039/1800/169 (0-08), situated in the revenue estate of village Karkardooma, Delhi (hereinafter referred to as "the subject land") are deemed to have lapsed in view of the fact that compensation has not been paid.
(2.)The necessary facts to be noticed for disposal of this writ petition are that the ownership of the land in question is claimed on the basis that the petitioner no. 1 is the owner-in-possession of Khasra Nos. 2039/1800/169(0-07) and 2036/166/1-2(0-08) of village Karkardooma, Delhi vide registered General Power of Attorney (GPA), Agreement to Sell and Receipt dated 17.05.1999 executed by Sh. Harish Chand in favour of the petitioner No. 1. Sh. Abdus Sattar, Mohd. Nabi and Sh. Mohd. Ahmad S/o Baksh Ila, transferred their ownership title of land bearing Khasra No. 2039/1800/149 (007) and 2034/144 and 2533/1794/147 in favour of Sh. Gouri Shanker through a deed dated 05.05.1946, whereas Sh. Gouri Shanker transferred his right of ownership in favour of Sh. Lalit Kumar (petitioner No.4) and Sh. Harish Chand through a registered GPA, Agreement to Sell and Receipt all dated 11.04.1985. Thereafter Sh. Harish Chand transferred his share of ownership in favour of Sh. Sunil Kumar (petitioner No.1) through registered GPA, Agreement to Sell and Receipt dated 17.05.1999.
(3.)The petitioner No.2 is the owner-in-possession of Khasra Nos. 1725/167 (0-04), 1726/167 (0-08) of village Karkardooma, Delhi vide GPA, Agreement of Sell, Will and Receipt all dated 11.07.1999 executed by Smt. Anokhi Devi W/o Sh. Nowat Ram in favour of the Petitioner No.2. Sh. Sunder Lal and Shekhar Chand transferred their ownership title of land bearing Khasra Nos. 2033/166/12(0-08), 2034/166 (0-08), 1725/167 (0-04), 1726/167 (0-08), 2039/1800/169 (0-08) in the name of Smt. Anokhi Devi through a mukhtarnama dated 27.11.1967. Thereafter, Smt. Anokhi Devi transferred her right of ownership in favour of Sh.Ramesh Chand (petitioner no.2), Sh. Sandeep Saini (petitioner no.3) and Sh. Bimla Devi (petitioner no.5).
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