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2007 Supreme(Del) 1211

T.S.THAKUR, S.N.AGGARWAL
D. D. A. – Appellant
Versus
Saraswati Devi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Gaurav Sarin, Adv.
For Respondents/Defendant:Hemant Malhotra and Rajiv Garg, Advs. for Respondent No. 1, Saurabh, Adv. for Respondent No. 2, Sanjay Katyal, Adv. for Respondent No. 3 and Vikas Dhawan and S.P. Das, Advs. for AIIMS

JUDGMENT

S.N. Aggarwal, J.

.1. The learned Single Judge vide impugned order has quashed the notification dated 7.3.1962 issued by the Delhi Administration under Sections 4, 6, 17 of the Land Acquisition Act, 1894 for acquiring the land of Village Masjid Morh including the land of respondent No. 1 measuring 5 bighas 19 bids was in Khasra No. 368. Aggrieved by the said order, the DDA has preferred this Letter Patent Appeal.

2. The property in question was acquired by the Government under Section 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 and was thereafter placed in the compensation pool under Section 14 of the Act. The said property was later on notified for sale in public auction on 21.5.1958. The late husband of respondent No. 1 had participated in the auction. His bid was highest and was, thereforee, accepted by the Government. The Ministry of Rehabilitation, Government of India vide letter dated 31.10.1960 asked the late husband of respondent No. 1 to take provisional possession of the property in question purchased by him in public auction. Part auction money was paid by the late husband of respondent No. 1 by way of adjustment of his verified claim ag



















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