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2023 Supreme(Del) 5077

MINI PUSHKARNA
Ramanand – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Ashutosh Dubey with Ms. Rajshri, Mr. Amit P. Shahi, Advocates, for the Petitioner.
Mr. Sanjay Kumar Pathak, Standing counsel with Mr. Sunil Kumar Pathak, Mr. M.S. Akhtar, Mr. Ravi Violet Tigga, Ms. Nidhi Thakur and Mr. Peeyush Pathak, Advocates, for the Respondent No.1 and 2.
Ms. S. Janani, Advocate, for the Respondent/DSIDC.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)--By way of the present writ petition, the petitioner has prayed that his land measuring 8 Biswa in Khasra No. 45/18 situated in the Revenue Estate of Holambi Khurd, Delhi, which has not been acquired by the respondent, be handed over back to the petitioner, as the same has wrongly been utilised by the respondent, Delhi State Industrial and Infrastructure Development Corporation Ltd. (DSIIDC).

2. It is the case of the petitioner, that the petitioner was recorded bhumidar/owner and in possession of land against Khata khatauni No.86/67 Min against Khasra No. 46/19 (3-12) and against Khata khatauni No. 182/143 comprising Khasra Nos.45/14 (4-9), 15(4-16), 16(2-4), 17(1-15), 18(1-18) 46/11(4-16), 12(4-16), 20(3-2), measuring 31 bighas 8 biswas situated in the revenue estate of village Holambi Khurd, Delhi.

3. Subsequently, the land of the petitioner measuring 27 bigha 16 biswa was notified for acquisition under Section 4 and 17(1) of The Land Acquisition Act, 1894, vide notification dated 15.11.1996. Subsequently, Declaration under Section 6 of the Land Acquisition Act, 1894 was issued vide notification dated 21.11.1996

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