VELAXAN KUMAR Vs. UNION OF INDIA

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.10954 OF 2014

(Arising Out of S.L.P. (C) No. 16578 of 2007)

VELAXAN KUMAR ………APPELLANT

Vs.

UNION OF INDIA & ORS. ………RESPONDENTS

 

The appellant is the owner of the plot measuring 1278 square yards out of Khasra No.62/19/1 located in the area Village-Prehlad Pur Bangar, National Capital Territory of Delhi (here after referred to as ‘the disputed land’) on the basis of a sale deed executed by Kaptan Singh as being the attorney of the land owners in his favour on 02.05.1989 for a total consideration amount of Rs.40,000/-.The Notification No. F-10(29)/96/L&B/LA/11 394 under Section 4 and 17 of the Land Acquisition Act,1894 (for short ‘the L.A. Act’) was issued on 27.10.1999 by the Land Acquisition Collector in the name of Respondent No.1.The appellant and other land owners objected to the issuance of notification by invoking an emergency clause under Section 17 of the L.A. Act as his land is built up and falls within 50 meters of village-Abadi of Lal Dora, hence his land should be exempted/ denotified from acquisition as per policy of the Government dated 02.12.1998. Thereafter, the notification was issued under Section 6 read with Section 17 of the L.A. Act on 03.04.2000 in respect of the land sought to be acquired including the land owned by the appellant. The Land Acquisition Collector, Kanjhawala passed an award on 03.04.2002 in respect of the disputed land of village-Pansali. The appellant challenged the said award by the Land Acquisition Collector by way of filing a writ petition (W.P. (c) No.5528 of 2001) in the High Court of Delhi which was dismissed by the High Court vide its common judgment and order dated 09.07.2007. Aggrieved by the same, the appellant filed this appeal by way of special leave in this Court. This Court issued notice and also granted interim stay of the order passed by the High Court vide its order dated 17.09.2007….read more