( 1 ) IN these two writ petitions the question of law to be decided is identical. The petitioners claim that the land which was acquired vide notification dated 13. 11. 1959 did not include their land as it was specifically exempted being evacuee land. Notwithstanding this fact, the respondent had issued declaration under Section 6 of the Land Acquisition Act (hereinafter referred to as the LA Act ) and thereafter Award was passed by the Land Acquisition Collector covering the land of the petitioners. The petitioners have sought quashing of the declaration/award on the ground that when there was no notification under Section 4 of the LA Act covering their land, all subsequent proceedings are void. For better appreciation of this contention, we may note the facts of WP (C) No. 2677/81.

( 2 ) IT is stated in this petition that the petitioner is the owner of the land covering 2 bigha 14 biswas situate in Khasra No. 206/2/1 in village Basai Dara Pur, Delhi. This property originally belonged to a Muslim owner, namely, Suleman Khan, who migrated to Pakistan and thus, it became an evacuee property. It became part of the compensation pool pursuant to notifications issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, (hereinafter referred to as the Act ) issued by the respondents, which is to the following effect:-

"12. POWER to acquire evacuee property for rehabilitation of displaced persons.- (1) If the Central Government is of opinion that it is necessary to acquire any evacuee property for a public purpose, being a purpose, connected with the relief and rehabilitation of displaced persons, including payment of compensation to such persons, the Central Government may at any time acquire such evacuee property by publishing in the Official Gazette a notification to the effect that the Central Government has decided to acquire such evacuee property in pursuance to this section. (2) on the publication of a notification under sub-section (1), the right, title and interest of any evacuee in the evacuee property specified in the notification shall, on and from the beginning of the date on which the notification is so published be extinguished and the evacuee property shall vest absolutely in the Central Government free from all encumbrances. (3) it shall be lawful for the Central Government, if it so considers necessary, to issue from time to time the notification referred to in sub-section (1) in respect of-- (a) all evacuee property generally, or (b) any class of evacuee property, or (c) all evacuee property situated in a specified area; or (d) any particular evacuee property. (4) all evacuee property acquired under this section shall form part of the compensation pool. "

( 3 ) THEREAFTER it was dealt with by the Ministry of Rehabilitation under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. It may be mentioned that Section 20 of this Act empowers the Managing Officer to transfer property out of the compensation pool to a displaced person. Section 20 is couched in following language:-

"20. POWER to transfer property out of the compensation pool.-- (1) Subject to any rules that may be made under this Act, the managing officer or managing corporation may transfer any property out of the compensation pool- (a)by sale of such property to a displaced person or any association of displaced persons, whether incorporated or not, or to any other person, whether the property is sold by public auction or otherwise; (b)by lease of any such property to a displaced person [or an association of displaced persons, whether incorporated or not, or to any person]; (c)by allotment of any such property to a displaced person or an association of displaced persons whether incorporated or not, or to any other person, on such valuation as the Settlement Commissioner may determine; (d)in the case of a share of an evacuee in a company, by transfer of such share to a displaced person or any