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2004 Supreme(SC) 453

S. H. KAPADIA, S. B. SINHA
Union Of India – Appellant
Versus
Banwari Lal And Sons (P) LTD. – Respondent


JUDGMENT

Kapadia, J.-M/s. Banwari Lal & Sons (P) Ltd. - respondent herein is the owner of the property situated at 6, Ansari Road, Darya Ganj, New Delhi bearing municipal Nos. 4407-4412 admeasuring total area of 50328 square feets on which there are two bhawans named as Gopal Krishna Bhawan and Radha Krishna Bhawan along with garages, pump-house, godowns, store-room etc. The covered area is 20426.80 square feets whereas the balance area is an open area admeasuring 29901.20 square feets. (See: Legend at page 52 of the paper-book). Four flats on the first floor in Gopal Krishna Bhawan were requisitioned by Delhi Administration 27.9.1950 under Requisition and Acquisition of Immoveable Property Act, 1952 (hereinafter referred to as "the said Act"). On 13.3.1959, the remaining property was requisitioned under the said Act. Before the said Act lapsed on 10.3.1987, a notification under section 4 of the Land Acquisition Act was issued on 6.3.1987 for acquisition of the entire property. On 10.3.1987, declaration under sections 6 and 17 of the Land Acquisition Act was published. Aggrieved, the respondent herein filed CWP No. 2385 of 1988, which was allowed by the High Court by judgment dated
































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