Lichho Devi And Anr. vs Union Of India And Ors.
1996 Latest Caselaw 688 Del

JUDGMENT

Mahinder Narain, J.

(1) The land in this case was notified for acquisition under Section 4 of the Land Acquisition Act, on 13.11.1959. The notification under Section 6 of the Act was published on 6.1.1969. The land in question in this writ petition are Khasra Nos. 127 and 173 in Village Nangal Raya.

(2) Mr. V.P. Singh has taken us through the provisions of Section 11(A) of the Act.That section came by way of an intendment of the Land Acquisition Act in 1984, and postulates that an award must be delivered within two years of coming into force of the said provision on 24.9.1984. As such, the award with respect to acquisition of land in the instant writ petition had to be made by 23.9.1986.

(3) Mr. V.P. Singh has also taken us through the affidavit filed in this case by Mr. S.S.Rana dated 2.8.1996. In Para 17 Hereof, it is admitted that the award had to be made within two years from the date of enactment of Section 11(A) of the Land Acquisition Act. That affidavit asserts that there has to be de-notification under Section 48 of the Act.

(4) The said affidavit, when read with letters which have been placed on record at page 114 and 91 of the paper book, clearly establishes that there has been no award with reference to Khasra Nos. 127 and 173 situate in the revenue estate of Village Nangal Raya. These two letters read as under: "Delhi Development Authority (New Leases Branch) No. F 14(19)/69/CRC/DDA Dated: 9.1.87 From: Dy. Director (HL) To The Deputy Director (HORT) Horticulture Division No-VIII Dda, New Delhi. Sub: Regarding position of land Khasra No. 173 situated in the revenue estate of Village Nangal Raya. Under/With reference to your letter No. PA/DD/HORT.VIII/DDA/86/737, dated 10.12.86 on the above cited subject and to say that Khasra No. 173 has not been acquired so far and is under dispossession stay through a civil writ petition filed by Smt. Lichho Devi etc. which is being defended through File No. F. 3(603)85/CRC/DDA. The civil writ is pending before the Hon'ble High Court of Delhi. The action regarding acquisition of this Khasra will be taken as and when the say is vacated, sd/- Deputy Director (HL) New Leases Branch (LR) Dda, New Delhi" Office OF-THE Deputy Commissioner : Delhi No.Exn.(M)/94/91 Dated:7.10.94 To ShriR.S.Tomer General Atomic of Smt. Lichho Devi and Smt. Phoolwati Resident of WZ-636-A, Nangal Raya New Delhi-110046. Subject: Issue of status report regarding Khasra Number 173 measuring 1 bigha and 10 biswas situate in Village Nangal Raya, N. Delhi Sir, Kindly refer to your letter dated 28.9.1994 addressed to the Land Acquisition Collector (PN) regarding issue of status report about Khasra Number 173 measuring 1 bigha and 10 biswas situated in Village Nangal Raya, Delhi. It is to inform that the above said land was notified under sections 4 and 6 of the Land Acquisition Act, 1894 in 1959 and 1963 respectively for the Planned Development of Delhi but as on date no award has been made. This being the position the land is at present free from acquisition. Yours faithfully, sd/- (P.C. Chaturvedi) Officer Incharge (Land Acquisition)"

(5) Although these two letters refer only to Khasra Number 173, there is no dispute between parties that regarding Khasra Number 127, no award has been made.

(6) In view of the aforesaid affidavit and two letters mentioned above, it is clear that award has not been made within two years of 24.9.1984, i.e., till 23.9.1986 in terms of Section 11(A) of the Land Acquisition Act.

(7) Counsel for the respondent Dda has attempted to argue that order issued by this Court admitting this writ petition to hearing on 25.4.1985 had stayed further proceedings in the matter of acquisition of land and, therefore, time taken during pendency of this writ petition has to be excluded for computing two year period from 24.9.1984.

(8) A perusal of the order dated 25.4.1985 would show that the contention of the Counsel has no force. The order that was passed by the Court read as under: "C.M.278/85 Pending disposal of the writ petition, the dispossession of the petitioners is stayed. C.M. stands disposed of."

(9) THEORDERPASSEDON25.4.1995WASONLY with regard to stay of dispossession. It, in no way, interfered with or stayed further proceedings in the matter of acquisition of land in question in these proceedings. As such, there is no difficulty in making of the award. As stated above, no award has been made in this case.

(10) Counsel for the respondent has attempted to argue that taking of possession is an important part of the proceedings under the Land Acquisition Act. To our mind, the provision of Section 16 of the Act make it clear that making of an award is a condition precedent to the taking of possession and until an award is made, possession cannot be taken of any land.

(11) In the instant case, there is no assertion that provisions of Section 17 have been invoked and possession was taken on account of urgency. In this view of the matter, the award not having been made within the period stipulated by the Statute, the notification concerning acquisition of Khasra Numbers 127 and 173 has to be declared to be of no effect in view of provisions of Section 11(A) of the Act. So ordered. The aforesaid two Khasra Numbers 127 and 173 stands released from the acquisition notifications issued with respect thereto.

(12) No Costs.