ORDER :

1. Having failed to convince the Division Bench of the Delhi High Court to quash the acquisition of land bearing Khasra Nos. 409 and 410/1 situated at Village Malikpur Chhawani, the appellant has preferred this appeal.

2. The appellant's father Shri Raja Ram Sharma migrated from Pakistan in 1947. He participated in the auction held by the Rehabilitation Department on 6.6.1958 and purchased the plots of land in question.

3. By notification dated 20.7.1962 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), the Chief Commissioner of Delhi proposed the acquisition of various parcels of land of Malikpur Chhawani (total measuring 274 bighas 6 biswas) including Khasra No. 410 for a public purpose, namely, Planned Development of Delhi. The declaration made by the Chief Commissioner under Section 6 of the Act was published vide notification dated 20.9.1962.

4. Shri Raja Ram Sharma challenged the acquisition proceedings in CWP No. 581-D/1963, filed before the Delhi High Court. The same was allowed by the learned Single Judge vide order dated 16.12.1970, the operative portion of which reads as under:

"The result is that both the impugned notifications under Section 4 and 6 of the Land Acquisition Act and the land acquisition proceedings vis-a-vis the petitioner and his land bearing Khasra No. 409 and 410/1 located in village Malikpur Chhawani are quashed and a writ to that effect is issued. The petitioner will also be entitled to his costs."

5. LPA No. 109/1971 filed by the respondents was dismissed by the Division Bench vide judgment dated 31.3.1980.

6. During the pendency of Writ Petition No. 581-D/1963, the Chief Commissioner of Delhi proposed the acquisition of other parcels of land situated in Malikpur Chhawani including Khasra No. 409 for the same public purpose, viz., Planned Development of Delhi. Notification under Section 4 of the Act was issued on 24.2.1965. Shri Raja Ram Sharma submitted objections dated 1.4.1965 under Section 5-A(1). The Land Acquisition Collector made recommendation for allotment of alternative site to Shri Raja Ram Sharma but the Chief Commissioner did not accept the same and made declaration under Section 6, which was published vide notification dated 16.11.1966. The Land Acquisition Collector passed award dated 19.9.1986 and fixed market value of the acquired land.

7. The acquisition of Khasra No. 409 was questioned by M/s. Delhi Welding Corporation in Writ Petition No. 2714/1986, which was dismissed as withdrawn. Order dated 10.5.2007 recorded by the High Court on the request made by the writ petitioner reads as under:

"The Petition was dismissed on 6.3.2006. Thereafter, an application for restoration has been filed. On 22.9.2006 learned counsel for the Petitioner was invited to argue whether the Writ Petition was covered by the decision of Full Bench in Roshanara Begum v. Union of India and Ors., reported in 61 (1996) DLT 206, which has also been affirmed by Hon'ble Supreme Court in Murari v. Union of India, (1997) 1 SCC 15. Instead of arguing the matter, learned counsel for the Petitioner had sought adjournments in order to place full set of papers on which reliance was sought to be made by him. Despite opportunity this indulgence has not been availed of.

Learned counsel for the Petitioner refers to the decision in C.W.P. 581-D/ 1963 dated 16th December, 1970. He states that the Respondents herein had filed a Letters Patent Appeal which has also been dismissed. In these circumstances, he seeks leave to withdraw the Petition. Dismissed as withdrawn."

8. Soon after quashing of the acquisition of land comprised in Khasra No. 410/1, fresh notification under Section 4 was issued on 3.6.1980 for the acquisition of that parcel of land. The declaration under Section 6 was made on 16.2.1981. Thereafter, notices under Section 9(1) and (3) were issued to the Rehabilitation Officer, Jamnagar House, New Delhi and the award was passed on 18.9.1986.

9. After 16 years of passing of the awa