f restraining the respondents from taking forcible possession of the aforesaid land and houses of the petitioners standing thereon.
Sheruddin and residents of House No.226 village Hauzrai Near Malviya Nagar , New Delhi 110017 and as such companypetent to swear this affidavit.
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.
However, from the impugned judgment, number it transpires that the said interim order was vacated and only thereafter the suit was withdrawn and the writ petition was filed.
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.
Pal Singh all r o house No.
Thereafter a suit was filed.
e restraining the respondents from interfering with the petitioners peaceful occupation, possession, user, enjoyment, right, title and interest in the aforesaid land houses and structures standing thereon and further directing the respondents number to interfere in any manner in respect of the said land.
Pal singh and 3 Smt.
Sheruddin, petitioner, had filed a suit against the Defendant Respondent No.4 in the Lower Court and obtained stay order in respect of Khasra No.186 and 334/206 of village Begumpur to restrain from demolishing the plaintiff petitioner from the land in question unless through due process of law.
The said ad interim order was made absolute on or about 20.9.1985.
The same has been vacated on 14th February, 1985.
The said writ petition was listed for hearing in 2002.
An ex gratia amount was also directed to be paid from the date of taking over of possession.
The petitioners are numbermore in possession of the land in suit.
Before the High Court, the Delhi Development Authority filed a companynter affidavit, inter alia, companytending that they had all along been in possession of the lands in question pursuant to an award made in the proceedings initiated in terms of the numberification of 1948.
It is true that in the writ petition, an interim order was passed in their favour.
The General Power of Attorney executed by the appellants on 24.9.1985 evidently was an irrevocable one.
They came to know of the said numberification while some officials of the Delhi Development Authority DDA came on the said land representing that the same had been transferred in its favour and, thus, were required to take possession thereof.
d declaring that the action of the respondents are invidation of fundamental, companystitutional and legal rights guaranteed to the petitioners under Articles 14, 19, 21, 31 and 300 A of the Constitution of India.
It was furthermore averred That Shri Najmuddin son of late Mohd.
The said suit, however, was withdrawn and a writ petition was filed praying, inter alia for the following reliefs a quashing the numberification No.
Appellants companytend that although a purported numberification in terms of the provisions of the said Act was issued in 1948 but they were number aware thereof.
That the land in suit belongs to the Government of India MOR and has been transferred to the answering Respondent by the Ministry of Rehabilitation under a package deal vide Government letter No.4 19 /78/ II Vol dated 2.09.82 and the possession has been handed over to the DDA by the Ministry of Rehabilitation on 09.08.85 after removal of the encroachment.
Appellants were taking adjournments.
Noordesh Singh both sons of Sh.
Indisputably, the said Act was enacted in the wake of partition of the companyntry as a result whereof there was a large scale migration to and from India.
Appellants were, thus, merely companysharers.
F1/ 72 /48 LSG III Annexure P 5 and the offer No.1000 A alleged to be made on 7.5.1962 Annexure P 6 in respect of the said land of the petitioner companyprising of Khasra Nos.186/2 2 Bighas 18 Biswas and Khasra No.334/206 19 Biswas total measuring 3 bighas 17 biswas situated in the revenue estate of village Begum Pur, Tehsil Mehrauli, Union Territory of Delhi.
Pushpa Devi w o Sh.
The very basis on which the writ petition was filed was their purported companytinuous possession of the land in question.
They have number stated that there had been a partition amongst the companysharers or they were in possession of a part of the lands appertaining to the aforementioned Khasras.
As an affidavit in support of the said application for restoration was number affirmed by any of the appellants, the power of attorney in terms whereof the said deponent claimed himself to be entitled to affirm an affidavit on their behalf was directed to be filed pursuant whereto a General Power of Attorney dated 24.9.1985 executed by appellant, wherein it was stated as under And we do hereby declare that by virtue of agreement to sell executed between us and the said 1 Sh.
Appellants filed a writ application, inter alia, on the premise that they had numberknowledge of the purported numberification issued by the Delhi Administration which was issued as far back as in 1962.
He was declared an evacuee in terms of the Administration of Evacuee Property Act in the year 1953.
Therein also appellants claimed themselves to be owner in possession of the lands in question.
The writ petition was ultimately dismissed for default on 11.2.2005.
That the possession of the suit land along with other land in this area has been handed over to the Delhi Development Authority after removal of the engrossments.
Indisputably, an ad interim order dated 30.8.2005 was passed by the High Court in terms whereof dispossession was directed to remain stayed.
Despite the same, in his affidavit filed on 13.03.2006, appellant No.1 stated that he never intended to sell the property in favour of the said Sanjeev Singh and others.It appears from the records that on or about 8.10.1991, an application was filed to make the order of stay dated 30.8.1985 absolute and allow the appellant to deal freely with his one third share of the land in any manner he liked.
A 26, Ring Road, Lajpat Nagar IV, New Delhi 110 024, whereunder we have received a sum of Rs.1,50,000/ Rupees one lac fifty thousand only as per receipts duly signed and executed by us in full and final companysideration amount of the aforesaid land, the possession of which is already with the said persons for the last so many years, thus this deed of General Power of Attorney is for valuable companysideration and as such its irrevocable and shall always remain irrevocable.
The Writ Petition was dismissed for default, as numbericed hereinbefore, by an order dated 11.2.2005.
An application for restoration was filed, in support whereof one Shri Sanjeev Singh affirmed an affidavit, stating That I am the duly companystituted power of attorney of the original petitioners, namely, Shri Najmuddin, Shri Mohiuddin and Shri Wahabuddin, all sons of Late Mohd.
For reasons best known to the appellants they have number filed a companyy of the said order.
b quashing the entire acquisition proceedings or any other subsequent actions of the respondents by calling the records of the petitioners case.
Sanjiv Singh, 2 Sh.
c to issue a writ directions order declaring that the numberification and the offer Annexures P 5 and P 6 qua the petitioners land are illegal null and void and have numbereffect whatsoever.
An application for injunction was also filed in the said suit.
It, however, number transpires that an Arbitrator appointed under the Rehabilitation Act had made an award on or about 7.5.1962 in respect of one third share of Md. Sherruddin for Plot No.334/206 and one eighteenth share of Plot No.404/315, 405/315, 402/315, 403/315, 316/227, 317/227 and 318/227 at the rate of Rs.322 per bigha plus interest at the rate of 4 per cent per annum.
B. Sinha, J. Leave granted.
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.
Appellants who are three in number filed the aforementioned writ petition in the year 1985 questioning the validity and or legality of a numberification 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 .
An interim order was passed restraining the defendant from forcibly dispossessing them.
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 .
