Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. 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.

3. Appellants who are three in number filed the aforementioned writ petition in the year 1985 questioning the validity and/or legality of a notification 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). Indisputably, the said Act was enacted in the wake of partition of the country as a result whereof there was a large scale migration to and from India. 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. He was declared an evacuee in terms of the Administration of Evacuee Property Act in the year 1953. 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). 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.

4. Appellants contend that although a purported notification in terms of the provisions of the said Act was issued in 1948 but they were not aware thereof. They came to know of the said notification 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. An application for injunction was also filed in the said suit. Thereafter a suit was filed. An interim order was passed restraining the defendant from forcibly dispossessing them. The said suit, however, was withdrawn and a writ petition was filed praying, inter alia for the following reliefs :

"(a) quashing the notification No.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 comprising 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.

(b) quashing the entire acquisition proceedings or any other subsequent actions of the respondents by calling the records of the petitioners case.

(c) to issue a writ directions order declaring that the notification and the offer (Annexures P-5 and P-6) qua the petitioners land are illegal null and void and have no effect whatsoever.

(d) declaring that the action of the respondents are invitation of fundamental, constitutional and legal rights guaranteed to the petitioners under Articles 14, 19, 21, 31 and 300-A of the Constitution of India.

(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 not to interfere in any manner in respect of the said land.

(f) restraining the respondents from taking forcible possession of the aforesaid land and houses of the petitioners standing thereon."

5. Indisputably, an ad-interim order dated 30.8.2005 was passed by the High Court in terms whereof dispossession was directed to remain stayed. The said ad interim ord