R.L. Jain (D) By Lrs. VS. Dda & Ors.

Extract

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R.L. Jain (D) By Lrs. VS. Dda & Ors.

CASE NO.: Appeal (civil) 5515 of 1997

PETITIONER: R.L. Jain (D) by LRs.

RESPONDENT: DDA & Ors.

DATE OF JUDGMENT: 12/03/2004

BENCH: S. Rajendra Babu , Dr. AR Lakshmanan & G.P. Mathur.

JUDGMENT: JUDGMENT

G.P. MATHUR, J.

In view of conflict of opinion in two decisions of this Court, namely, Shri Vijay Cotton & Oil Mills v. State of Gujarat 1991(1) SCC 262 and Union of India v. Budh Singh & Ors. 1995 (9) SCC 233, the appeal has been placed for hearing before this larger Bench and the question in issue is whether in a case where possession is taken before the issuance of notification under Section 4(1) of the Land Acquisition Act, the claimant (owner of land) is entitled to interest for such anterior period in accordance with Section 34 of the said Act.

2. The relevant facts may be noticed in brief. The Chief Commissioner, Delhi, on behalf of the Delhi Administration, issued a preliminary notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") on 13.11.1959 for acquisition of a large area of 34070 acres of land including 1 bigha 11 biswa area in khasra no.223 of village Kharera for the planned development of Delhi. This was followed by a declaration under Section 6 of the Act, which was published in the Gazette on 11.10.1961. The dispute in the present appeal relates to aforesaid plot bearing khasra no.223. Being an evacuee property, the said plot was notified for being sold in public auction by the Ministry of Rehabilitation and it appears that in the auction notice it was mentioned that the same shall be out of the purview of the notification issued on 13.11.1959 under Section 4(1) of the Act for acquisition of the land. The original appellant R.L. Jain purchased the said plot in th...

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