J. P. SINGH, J.

( 1 ) IN this Writ Petition under Article 226 of the Constitution of india it is prayed that the Notification dated 4. 8. 1967 under Section 4, declaration dated 20. 11. 1967 under Section 6 of the Land Acquisition Act and the award No. 12/83-84 dated 17. 6. 1983 in respect of property No. 8, Raj Niwas Marg (Ludlow Castle Road), Delhi be quashed and the possession which was taken in may, 2000 be restored to the Petitioner. Corrigendum dated 27. 10. 1967 is also challenged and de-notification under Section 48 of the Land Acquisition Act is prayed for.

( 2 ) THE Petition has been filed through attorney, by son of Late goswami Brij Bhushan Lal Jee Mahara. It is alleged that on 27. 8. 1931 the property in question was purchased by the father of the Petitioner, for the temple, from Sh. Hari Narain and Sh. Laxmi Narain for a total sale consideration of Rs. 14,148. 08p vide a Registered conveyance deed.

( 3 ) DETAILS regarding decree of a suit against Sh. B. Nand Kishore @ nandu Babu; the consequential public auction of 8 Ludlow Castle Road (Now Raj niwas Marg), Civil Lines, Delhi; sale by his successors namely Sh. Hari Narain and Sh. Laxmi Narain and how the property was got released from attachment and sold in favour of the Petitioner's father, vide registered Conveyance Deed dated 27. 8. 1931 are given in paragraphs 3a to 3l of the amended Petition.

( 4 ) IT is alleged that idol of Lord Krishna was ''established". The construction was to be raised for religious and charitable use but the land was trespassed by unauthorized occupants and land mafia. It is pleaded that there are many other big and small temples under the management of the institution therefore strict vigil could not be kept on the land and it fell into the hands of land grabbers. However, the land was mutated in Municipal records in the name of the Petitioner's father. Despite complaints to the Municipal authorities the trespassers could not be removed. It is alleged that in May,1948 it was declared as an evacuee property, which was an unlawful act and in the same year one Mohd. Ahmad and Mohd Arfin claimed to be the owners of the land and challenged the notification regarding declaration as evacuee property. In 1955 it was declared as public property under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. On 24. 12. 1956 one Zubeda Begum gostley claimed to be the owner of the land by virtue of an oral gift deed by erstwhile Muslim owners and challenged the proceedings regarding it being declared as an evacuee property in the court. The said suit was dismissed on 18. 1. 2000.

( 5 ) IT is averred that on 4. 8. 1967 a Notification was issued under section 4 of the Land Acquisition Act, but notice was not served upon the petitioner or the erstwhile owners. On 27. 10. 1967 a corrigendum was issued to explain that the khasra number was not 417 but 471. On 20. 11. 1967 Declaration under Section 6 of the Land Acquisition Act was issued and on 17. 6. 1983 Award no. 12/83-84 was passed for the land measuring 19 bigha 8 biswas with compensation at the rate of Rs. 50,000/- per bigha. On 1-2. 5. 2000 possession of land was taken by demolishing the illegal structures and dispossessing the illegal occupants from the property. On 10. 5. 2000 the Petitioner gave representation to various authorities that he was the owner by virtue of the conveyance deed dated 27. 8. 1931 mentioned above and claimed possession.

( 6 ) IT is explained as to how the Petitioner was corresponding with the then notified area committee in regard to the plumbing work on the land in question. In some of the documents filed by the Petitioner, Rai Bahadur Lala amba Prasad is stated to be the owner. The Petitioner submits that Rai Bahadur lala Amba Prasad was acting on behalf of the Petitioner's father. However there is no documentary proof of the same.

( 7 ) IN the Counter Affidavit preliminary objections have been raised that since the possession had alrea