High CourtsDivision Bench(2018) 02 DEL CK 0138

Simla Devi And Ors vs Union Of India And Ors.

Delhi High Court · Decided on 2 February 2018

HON’BLE JUDGES
G.S.Sistani, J · Sangita Dhingra Sehgal, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 7031 Of 2015

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Judgment

33 paragraphs · 265 words

S. No.,Name,Land Details,Area Bigha-Biswa

1.,"Smt. Shimla Devi w/o Shri

P.D.Jain",Khasra No.58,1-0

2.,"Smt. Savitri Devi w/o Shr

Inder Das",iKhasra No.57,1-0

3.,"M/s Pyare Lal & Sons

(HUF) through Karta

Mr.Rajesh Bansal",Khasra No.62,1-0

4.,"Mr.Deepak Garg s/o Shri

Prem Kumar",Khasra No.58,1-0

5.,"Dr.Arun Gupta s/o Shri

Manohar Lal",Khasra No.62,1-0

6.,Smt.Janak Rani,Khasra No.58,1

7.,Mr.J.Aggarwal,Khasra No. 64,1-0

,Madhu Bansal,Khasra No. 64,

,Shashi Goel,Khasra No. 64,

,Rupesh Gupta,Khasra No. 64,

,"Arun Gupta

(the above five persons) are

the legal heirs of Manohar

Lal (now deceased) and

owned 1/5 each of Khasra

No.64",Khasra No. 64,

2017 6 SCC 751, wherein in para 26 Supreme Court has held as under:",,,

“26. There is a clear indication that the Act proposes to protect the interest of those persons, among others who are affected by the",,,

acquisition. The subsequent purchasers/ successors, etc., in the cases before us, are all people affected by the acquisition, and therefore,",,,

also they are entitled to seek a declaration on lapse under the 2013 Act.â€​,,,

8.

We also refer to an order dated 15th February, 2016 in the case of B.S. Dhillon and Ors. vs. Union of India & Ors., W.P.(C) 2916/2015, decided",,,

on 15th February, 2016 relatable to the same award i.e. Award No.15/1992-93 dated 19th June, 1992, wherein similar declaration with respect of the",,,

land comprised in khasra nos. 62 and 65 in village Behlolpur Khadar, New Delhi has been granted in favour of the petitioners therein.",,,

9.

The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.,,,

CM No.12883/2015,,,

The application is disposed of, in view of order passed in writ petition.",,,