A sale certificate came to be issued in favour of the respondents on 31st January, 1961 wherein it has been declared that they were the purchasers with effect from 1st October, 1960.
The High Court numberes that the sale certificate was issued on 31st January, 1961 and holds till that date the land companytinued to be evacuee property.
Briefly stated the facts are That the companycerned property was evacuee property which was auctioned on 22nd June, 1959.
On 19th September, 1986 a supplementary award was passed and on 22nd September, 1986 possession of the other piece of land i.e. Khasra No.
Thereafter Notification under Section 6 was issued on 2nd January, 1969.
This land was then placed at disposal of Delhi Development Authority on 23rd March, 1982.
Notification under Section 4 of the Land Acquisition Act was published on 13th November, 1959.
By the impugned judgment, the High Court has allowed the writ petition and set aside the acquisition proceedings on the ground that on the date of Section 4 Notification, this land was evacuee property and therefore number companyered by that Notification.
This appeal is filed against the judgment of the High Court of Delhi dated 31st March, 1997 in LPA No.
An award came to be passed on 17th February, 1982.
2140/202 was taken on 4th March, 1982.
The Writ Petition challenging the acquisition proceedings was filed on 30th April, 1987.
Instead of paying the price, they asked for adjustment of the price against the companypensation claims they had as evacuees.
Possession of one of the pieces of land, namely, Khasra No.
That Notification excluded the Government lands and evacuee properties.
In that auction the respondents were declared as the successful bidder.
50 of 1997.
Leave granted.
Heard parties.
4147/210 was also taken over and handed over to the Delhi Development Authority.
