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2003 DIGILAW 39 (DEL)

MAHANT SRI DWARKA PURI v. GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI

2003-01-16

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( 1 ) THE petitioner claiming himself to be the successor in interest of Mahant Parmanand and thereby managing the affairs of Shiv-Kali mandir Datta Trey Ashram. C-40-41, Village rampura, Delhi-35 has filed this petition thereby seeking quashing of acquisition proceedings taken out to acquire land comprised in Khasra No. 50/12, Shakur Pur, delhi on the basis of notification issued under section 4 of the Land Acquisition Act on 3rd september, 1947. Declaration under Section 6 of the Act was issued on 17th April, 1961, collector (Land Acquisition) has thereafter passed his award. The petitioner claimed that after the death of Mahant Parmanand, he has been managing the affairs of Shiv-Kali mandir, Datta Trey Ashram. The property shown on the land comprised in Khasra no. 50-12, Shakur Pur has been used for a religious purpose. There are Mandirs of Deity maa Kali, Lord Shiva and Samadhi of Peer baba Parmanand on the land. Later idiols of bhairon Baba, Lord Shiva and Hanumanji was also established. There are Gaushala, Kutia, hawan Kund etc. Accordingly, the petitioner is seeking direction for quashing of acquisition proceedings. ( 2 ) WHEN petition was taken up for consideration, the learned counsel for the respondent pointed out that the predecessor in interest of the petitioner, namely, Mahant parmanand Puri had filed civil suit to protect his possession which was dismissed. This fact had not been disclosed in the writ petition although it was necessary for the petitioner to so disclose. ( 3 ) FILE of suit No 207/94 (Old suit No. 3550/ 91) was called. It was a suit filed by Mahant parmanand Puri against DDA for recovery of rs. 2,00,000/- towards damages on the allegation that DDA had unauthorizedly occupied the property. The suit was dismissed on 7th November, 2000. File of suit No. 85/ 91 titled as Mahant Parmanand Puri Vs. Union of India was also called. This suit was instituted on 7th February 1991. In this suit, mahant Parmand Puri sought declaration to set aside the award No. 1179 dated 4th august, 1961 passed by the Collector (Land acquisition) and Notifications under Section 4 and 6 dated 3rd September, 1957 and 17th april, 1961. Besides Union of India, Collector (Land Acquisition) and DDA were also impleaded as parties. This suit was dismissed on 27th April, 2001. Besides Union of India, Collector (Land Acquisition) and DDA were also impleaded as parties. This suit was dismissed on 27th April, 2001. ( 4 ) MAHANT Parmanand Puri expired during the pendency of the suit and on his death mahant Somesh Puri Ji was substituted as his legal representative on the ground that mahant Parmand Puri had given his Gaddi to somesh Puri Ji. ( 5 ) NEEDLESS to say that in this petition, the petitioner is seeking to quash the acquisition proceedings which was within the knowledge of Mahant Parmanand Puri for which the civil suit was filed. The suit was opposed by the respondents pointing out that the property had already vested on the State on the passing of award and on the taking of possession. On collector s taking the possession, the land in question has been handed over to DDA and thereafter it had been transferred to Rampura industrial Scheme. ( 6 ) IN these circumstances and in view of the fact that the petitioner has not disclosed in court the factum of having filed the suit which it was incumbent on the petitioner to do and instead in concealing this fact, the petition is liable to be dismissed and is dismissed with costs of Rs. 10,000/- to be deposited with delhi Legal Services Authority, Room No. 1, patiala House.