Valmiki J. Mehta, J. (Oral)

1. This regular second appeal is filed by the appellants against the impugned judgment of the first appellate court dated 31.1.2002. This regular second appeal is pending at the admission stage since the year 2002 i.e for over 12 years. The appellate court by its impugned judgment dismissed the appeal filed by the appellants herein against the judgment of the trial court dated 8.5.2001, and by which judgment, the trial court had dismissed the suit for injunction of the appellants-plaintiffs with respect to the suit land which was acquired land of the government.

2. Disputes in the present case pertain to 4 bighas and 4 biswas i.e about 4200 sq. yds of land situated in Khasra No.405/98 in village Masoodpur, New Delhi. Admittedly, this land was acquired by Award No.90/80-81 (Ex.DW1/1). The case of the appellants-plaintiffs was that they had/have built houses upon the suit land and there are in fact Municipal Nos.C-1 to C-10 on the structures in the suit property, and when the same is taken with the fact that government did not take physical possession, the government did not become the owner in view of Section 16 of the Land Acquisition Act, 1894,