S. MURALIDHAR, J.

1. The prayers in the present petition read as under:

a. pass a writ, order or direction in the nature of a writ of declaration thereby declaring the acquisition proceedings initiated in respect of the land of petitioner bearing Property no. 214 forming part of Khasra no.580 admeasuring 550 sq. yds. In Village Karkardooma, Delhi as deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

b. pass a writ, order or direction in the nature of a writ of mandamus thereby directing the Respondents not to interfere with the peaceful possession and enjoyment of the land of the Petitioner bearing Property no. 214 forming part of Khasra no.580 admeasuring 550 sq. yds. in Village Karkardooma, Delhi ; and

c. pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. Notice was issued in this petition on 8th May, 2015 and it was directed that in the meanwhile the parties would maintain status-quo with regard to the nature, title and possession of the land in question.

3. The narration in the petition reveals that the father of the Petitioner, Shri Jassi was in 1938 given possession of the land in question as a non-occupancy tenant. Shri Jassi expired in 1960. The land is stated to have been inherited thereafter by the Petitioner and his two brothers Shri Kartar Singh and Shri Phool Singh.

4. The land in question forms part of a large chunk of land admeasuring 34,070 acres including Village Karkardooma Delhi which was sought to be acquired and notification was issued on 13th November, 1959 under Section 4 of the Land Acquisition Act, 1894 (‘LAA’) for the Planned Development of Delhi. This was followed by declaration under Section 6 of the LAA issued on 14th June, 1966. The land acquisition Award No. 54/A/70-71 was passed on 7th January, 1971. The Petitioner claims that possession, pursuant to the Award, was taken only of 13 biswas. 11 biswas (550 sq. yards) is claimed to have remained with the Petitioner. It is also claimed that no compensation was paid in respect of the said extent of land.

5. It is stated that in April, 1983 the Petitioner and his two brothers let out an area of 230.07 sq. yards out of the total area of 550 sq. yds. On Property No. 210 forming part of Khasra No. 580 at a monthly rent of Rs. 1,000 to Shri Pradeep Kumar.

6. It is stated that in 1988 the two brothers of the Petitioner executed Registered General Power of Attorney (‘GPA’) in the Petitioner's favour with respect to the land in question. On 12th October, 1988 a notice under Section 106 of the Transfer of Property Act, 1882 was served upon Shri Pradeep Kumar, the tenant, despite which he continued to reside on the said land. It is stated that the Petitioner filed Suit No. 428/1988 against the tenant for possession. This was decreed by the Civil Judge on 21st May, 1999 in favour of the Petitioner. The tenant Shri Pradeep Kumar filed appeal-RCA No. 67/1999, which came to be dismissed on 13th July, 1999. Shri Pradeep Kumar then filed RFA No. 61/1999 in this Court. During the pendency of that appeal, the Municipal Corporation of Delhi (‘MCD’) sealed the plot admeasuring 231.07 sq. yards as Shri Pradeep Kumar had raised a tin shed thereon and was using it for non-residential purposes.

7. Much later on 26th September, 2011 the Petitioner is stated to have filed an application under Right to Information Act, 2005 (‘RTI Act’) seeking reasons for sealing of the property let out to Shri Pradeep Kumar. The Petitioner states that he was informed by letter dated 14th October, 2011 that the plot was sealed due to misuse for commercial purposes and not in relation to any acquisition proceedings.

8. In September, 2011 a notification was issued by the Delhi Government regularising 1071 unauthorised colonies. It is stated that the extended abadi of village Karkardooma also formed part of those 1071 una