Balbir Singh vs Union Of India And Ors.
1989 Latest Caselaw 308 Del

JUDGMENT

M.K. Chawla, J.

(1) This order will dispose of C.Ws. 1373-75/89, 1376/89. 1378-79/89, 1377/89, 1112-13/89. 1126/89, 1281/89, 1065-71/89.2823/88,51/89, 388/89.907/89,903/89,945/89,965/89, 1008-9/89, 1598/88, 1252-58'89,1250/89. 894/89, 517/89, 518/89. 495/89. 545/89, 569/89, 578/89, 980-88/89,989-992/89. 2602/88, 2601/88, 2842/88, 2841/88. 2840/8U, 2813/88, 2814./88.2815/88.2816/88,2817/88, 1114-1121/89, 1082-83/89, 1081/89, 1072-79/89,1386/89, 1362/89, 1380/89. Proceedings 5A of the Land Acquisition Act right up to the stage of Award relating to villages, namely. Khan Pur, Deoli Devii. Tugbiakabad, Khirkee, Neb Sarai, Said-ula Ajaib, Tigri, ShayoorPur, Satbari, Chattar Pur, Raj Pur Khurd, Maidan Ghari, have been quashed by a Division Bench of this Court in Balak Ram Gupta v. U.O.I. C.W.P.1639/1985 decided on 14/10/1988/l 8/11/1988. Prayer of the petitioners is that in spite of that Judgment, the respondents are trying to take possession of the land.

(2) The Delhi Administration as also the Delhi Development Authority have taken up a very fair stand before us. Their contention is that certain land owners have received compensation and as such they should not be allowed to deal with the land till the compensation is paid back to the Delhi Administration with interest at the rate of 12% per annum from the date they received the payment till the date they have refunded the amount. The contention raised is quite fair and is accepted. It is further stated by learned counsel for the respondents that no effort would be made to take possession of any land from anybody and the possession already taken of these lands will be restored back to the land owners on receipt of the refund of compensation, if made with interest. It is further contended that in certain cases, the land owners have been allotted alternate plots in lieu of their land having been acquired and in those cases the alternate plots must be surrendered before the land owners can take advantage of the quashing of the notifications. The counsel for the petitioner accepts this suggestion of the respondents. Consequently, we direct that The possession of the petitioners will not be disturbed except in cases where the compensation has been received by the land owners or alternate plots have been allotted until the compensation amount and the alternate plot is surrendered. Counsel for the petitioners agree that the land owners who have received compensation or have been allotted alternate plots would surrender the same as indicated above within two months from today. All other land owners who have neither received compensation nor any alternate plot are free to deal with their lands the way they like and their possession will not be disturbed by the respondents. Delhi Administration will see to it that the Revenue records are amended accordingly. The proper authority i.e. the Land Acquisition Collector will receive the refund of compensation with 12 per cent interest per annum as well as the surrender of the alternate plots when and if offered.The writ petitions are disposed of in these terms.