Inordinate delay in challenging acquisition proceedings, alongside the acceptance of compensation, precludes any legal assertions against the validity of land acquisition under constitutional rights.

JUDGMENT

Gaurang Kanth, J. By this Writ Petition, the Petitioners have challenged and seek quashing of the Notifications dated 13.11.1959 and 18.08.1960 issued by the Delhi Administration (Respondent No. 2 herein) under Section 4 of the Land Acquisition Act, 1894 with regard to acquisition of property bearing Khasra No.9 admeasuring 10 Bighas 16 Biswas in the estate of Village Kalu Sarai, Delhi (`evacuee property').

Facts emerging from the Petition

2. The evacuee property has been acquired by the Central Government under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (`the Displaced Persons Act') and the same accordingly vests with the Central Government in terms of Section 12(2) of the Displaced Persons Act.

3. A public auction was held on 04.01.1959 in respect of the evacuee property in terms of Section 20 of the Displaced Persons Act. Late Dewan Kesho Dass Soni, the predecessor in interest of the Petitioner Nos. 1 & 2, who was a displaced person under the Displaced Persons Act, emerged as the highest bidder for purchase of the evacuee property with a bid price of Rs.91,000/-. Late Dewan Kesho Dass Soni executed an Indemnity Bond on 05.01.1959 in favour of the President of India for an amount of Rs.9,110/- (towards 10% of the purchase price of the said evacuee property as required by the auctioneers).

4. Vide letter dated 14.01.1959, the office of the Regional Settlement Commissioner informed Late Dewan Kesho Dass Soni about acceptance of his bid in respect of the evacuee property with a direction to deposit within 15 days the balance purchase price or to take steps with regard to adjustment of the purchase price against verified claims for property left behind in West Pakistan. Late Dewan Kesho Dass Soni, being a displaced person, vide letter dated 28.01.1959, opted for adjusting his verified amount of Rs.66,857/- towards the balance purchase price. He also informed that he would like to associate with his friend Mr. Radha Kishan Nagpal, who had a verified claim of Rs.24,243/- and the said amount can also be adjusted towards the balance purchase price. After adjusting the verified amounts, Sale Certificate dated 25.08.1961 was issued in favour of Late Dewan Kesho Dass Soni and Mr. Radha Kishan Nagpal. The provisional possession of the evacuee property was never taken over by Late Dewan Kesho Dass Soni or his associate Mr. Radha Kishan Nagpal.

5. In the meanwhile, the Delhi Administration (Respondent No. 2 now) issued impugned Notification dated 13.11.1959 under Section 4 of the Land Acquisition Act, 1894 and acquired certain portions of land (including two portions of the evacuee property bearing No. 9/2/1 admeasuring 17 Biswas and No. 9/2/2 admeasuring 3 Bighas and 13 Biswas) at public expense for a public purpose i.e., for the planned development of Delhi. Subsequently, vide another Notification dated 18.08.1960 under Section 4 of the Land Acquisition Act, 1894, the balance portion of the evacuee property bearing no. 9/1/1 admeasuring 6 Bighas and 6 Biswas was issued by the Government of Delhi for the purpose of establishment of College of Engineering and Technology.

6. On 25.08.1961, a Sale Certificate was issued to Late Dewan Kesho Dass Soni and Late Radha Kishan Nagpal declaring them the purchasers of the evacuee property with effect from 24.08.1961 in relation to their respective share in the eva