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2023 Supreme(SC) 255

ABHAY S. OKA, RAJESH BINDAL
Delhi Development Authority – Appellant
Versus
Batti – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Sujeeta Srivastava, AOR Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.
For the Respondent(s): Mr. Ashwani Kumar, AOR Mr. Anshay Dhatwalia, Adv.

JUDGMENT

Rajesh Bindal, J.

1. Leave granted.

2. This order will dispose of two appeals arising out of order dated 30.11.2017 passed by the Division Bench of the High Court of Delhi in W.P(C) No. 12135/2015. One appeal is preferred by Delhi Development Authority whereas the another has been filed by Government of NCT of Delhi.

3. The service on respondent is complete. However, no one appeared when the appeal was taken up for hearing.

4. The facts of the cases are available on record. Vide notification dated 23.06.1989 issued under Section 4 of the Land Acquisition Act, 1894 (For short, ‘the Act’) large chunk of the land measuring about 3,500 Hectares was sought to be acquired for planned development of part of Delhi. It was followed by notification issued on June 20, 1990 under Section 6 of the Act. The Award bearing No. 13/92­93 was announced by the Land Acquisition Collector (DS), Delhi on 19.06.1992.

5. It is evident from the facts noticed by the High Court in the impugned order that husband of the respondent late Mange Ram was son of late Harkesh. He was father­in­law of the respondent no.1­ writ petitioner. He was claimed to be the recorded owner of 1/12th share [01 bigha and 19 bi


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