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Saraswati Devi (D) by LRS. Vs. Delhi Development Authority [29/01/13]

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[Civil Appeal No. 4373 of 2009]. This is an appeal by the appellant against the decision of the Division Bench of the Delhi High Court on 31.05.2007, in allowing the Letters Patent Appeal(LPA) preferred by the Delhi Development Authority (DDA) against the decision of the Single Judge dated 09.08.2002. Leave to appeal was granted by this Court on 13.07.2009. The facts which form the background of the appeal can be briefly stated as follows : The controversy relates to a piece of land admeasuring 5 Big has 19Biswas comprised in Khasra No. 368 situate in the revenue village Masjid Moth, New Delhi. The above property was an evacuee property which was acquired by the central government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, '1954 Act'). On acquisition of that property under Section 12, it became part of the compensation pool under Section 14. By exercise of the power conferred under Section 20, the above property was notified to be sold byway of public auction on 21.06.1958. Dev Prakash Jagwani, the appellant's husband being a displaced person participated in the public auction for the sale of above property. His bid of Rs.24,500/- which was the highest bid was accepted. On 31.10.1960, the office of the Assistant Settlement Commissioner (Rural), Ministry of Rehabilitation intimated to the appellant's husband that it has been decided to give him provisional possession of the auctioned property subject to the terms and conditions stipulated in the indemnity bond and the special affidavit already executed by him. He was also informed that the issue of the above intimation did not constitute transfer of complete title in the property until the final letter of adjustment of compensation was issued.

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