Madan Lal Mittal vs Dda And Ors.
2004 Latest Caselaw 378 Del

JUDGMENT

D.K. Jain, J.

1. Order dated 11th November, 2002 passed in this writ petition narrates in brief the controversy involved in the case and in fact expresses, prima facie, opinion. It would be apposite to have a look thereon:

"Learned Counsel for the petitioner has taken us to the stand taken on behalf of the Collector, Land Acquisition as well as by DDA in the reply affidavits. Reply affidavits do not deal with the main issue arising for consideration in this petition. Grievance of the petitioner is with respect to a part of land comprising in Khasra No. 257 situated in village Ladha Sarai. At page 37 of the paper book is the copy of Aksh Sajra. Khasra No. 257 has been shown in pink colour. It measured 4 bighas 6 biswas. The petitioner's grievance is with respect to part of it measured 3 bighas 7 biswas. The same is covered by Award No. 19A/88-89 (Supply) dated 12.11.1989 which is under challenge in this petition. The entire land surrounding this Khasra No. 257 is shown in the greenish yellow comprised Khasra Nos. 252, 255, 256 and 258 to 264 is free from acquisition and belongs to the petitioner. In the light of the stand taken by the petitioner, prima facie, we are of the view that petitioner's prayer deserves to be allowed unless justified by respondents on proper affidavit showing the purpose they want to achieve by continuing to have title of a small piece of land in between petitioner's land.

We will require NCT of Delhi, Land Acquisition Collector as well as the DDA to file their respective affidavit on their respective stand. Learned Counsel for the petitioner states that the petitioner had approached the Custodian of Evacuee Property for exchange of land with land comprised in Khasra No. 257 which could not be proceeded by the custodian. We would like the Custodian of Evacuee Property to place his stand on record. Four weeks time is allowed to file their respective affidavits,"

2. It is clearly discernible from the aforesaid order that the petitioner is aggrieved against that part of the acquisition proceedings and award vide which his land to the extent of 3 Bighas 7 Biswas is sought to be acquired. Interestingly, as would be clear from the Aks Shajra, the entire land surrounding this part of the land is free from acquisition and belongs to the petitioner. It is for this reason, the petitioner challenged the acquisition of this part of land on the ground that neither this part of the land can be put to any use by the respondents nor would it serve any public purpose. Primafacie, this grievance of the petitioner was found to be justified. However, the respondents were given an opportunity to show as to what purpose the respondents wanted to achieve by having this small piece of land in between the petitioner's land. Inspite of various opportunities given to the respondents, this aspect has not been clarified although the respondents, namely, the Land & Building Department as well as the Delhi Development Authority (DDA) have filed affidavits raising other pleas which are controverter by the petitioner by filing rejoinder.

3. When the matter came up for hearing today, Mr. Vikram Nandrajog, learned Counsel for the petitioner made a fair offer. He stated that the land in question, subject matter of this writ petition, falls in between the greenish yellow land of the petitioner comprised in Khasra Nos. 252, 255, 256 and 258 to 264 in addition to Khasra Nos. 253, 471/276, 470/276 and 485/277 which is free from acquisition, the petitioner shall have no objection if the respondents take equivalent land, namely, measuring 3 Bighas 7 Biswas from the petitioner in lieu of this by releasing this land and the respondents could also take land of same measure from the petitioner, adjacent to other land acquired by the respondents. This offer of the petitioner is fair and reasonable and learned Counsel for the respondents could not dispute the same and in fact they had no answer to this proposal.

4. After hearing learned Counsel for the parties, we are of the opinion that by this proposal not only the respondents would be able to have possession of land measuring 3 Bighas 7 Biswas but at a place where they would be able to merge this land with the other land belonging to the respondents and acquired, with the result that they would be in a position to utilise the said land in a better and productive manner.

5. Keeping in view the location of the land acquired, we are of the opinion that no public purpose would be served by acquiring this piece of land. We are, therefore, of the view that there was no application of mind on the part of the authorities concerned while proposing to acquire the subject land.

6. In the peculiar facts and circumstances of the case, we accordingly issue a direction to the respondents to release the subject land measuring 3 Bighas 7 Biswas falling in Khasra No. 257 min. from the acquisition by passing appropriate orders under the provisions of the Land Acquisition Act, 1894 and acquire equivalent land measuring 3 Bighas 7 Biswas at other place, as offered by the petitioner i.e. from amongst land falling in Khasra Nos. 259, 260, 261/1, 262, 263 and 264.

7. The writ petition is disposed of in aforesaid terms without any order as to costs. However, this order shall not be treated as a precedent.