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2008 Supreme(Del) 19

MUKUNDAKAM SHARMA, SANJIV KHANNA
Gulshan – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Jayant Bhushan, Sr. Adv. and v
For Respondents/Defendant: Sanjay Poddar and Sanjay Pathak, Advs.

JUDGMENT

Mukundakam Sharma, C.J.

1. This appeal is directed against the judgment and order dated 10th September, 2007 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition filed by the appellant herein.

2. The appellant herein alleged that he was in possession of the land bearing khasra No. 436 (4-16), 446 (4-16) and 445 (4016), situated in the revenue estate of Village Bhalaswa Jahangirpur, Delhi to the extent of one and half share in the said khasra numbers. The said land was notified for acquisition on 15th September, 2000. Declaration under Sections 6 and 17 of the Land Acquisition Act was issued on 17th April, 2001 and the award was made on 12th April, 2002.

3. In July 2002, the appellant along with his brother Shri Yogender filed an application for compensation. On reference from the Land Acquisition Collector for adjudication, the learned Additional District Judge, Delhi by order dated 22nd March 2003, held that, though it is admitted fact that Gaon Sabha is the recorded owner of the land in question, but as the appellant and his brother were in actual, physical and cultivatory possession of land in question continuously for a period






























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