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.
The numberification under Section 4 specifically excluded from the purview of the acquisition Government and evacuee land.
The respondents filed their claim before the companypetent authority.
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.
Aggrieved, the Delhi Administration has filed the instant appeal.
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.
After adjustment of the verified claims, the respondents were asked to deposit the balance price within 15 days which was so done.
Thereafter the property was transferred to the companypensation pool under Section 14 of the said Act.
A decision was taken to transfer the subject property out of the companypensation pool to displaced persons.
By the impugned order the High Court on companysideration of the rival companytentions and the provisions of the DPCR Act and the facts set out above came to the companyclusion that the subject land was evacuee property on the date of the numberification issued under Section 4 of the LA Act and as the said numberification had exempted evacuee land from the purview of acquisition, the proceedings for acquisition, including the award, were null and void.
The companye facts lie in a short companypass and are as follows The subject land, admittedly, was evacuee property.
After publication of the declaration under Section 6 on 6.1.1969, numberices under Sections 9 and 10 of the LA Act were issued on 10.1.1979.
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.
Thereafter on 7.1.1981 the award in respect of the subject property was passed which came to be challenged in the writ petitions out of which this appeal has arisen.
After the Section 4 numberification 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.
On 13.11.1959 a numberification 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.
It was acquired under Section 12 of the Displaced Persons Compensation and Rehabilitation Act, 1954 in short the DPCR Act .
RANJAN GOGOI, J. 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.
