Bhagwan Singh vs Govt. Of Nct Of Delhi And Anr
2012 Latest Caselaw 2415 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Reserved on : April 09, 2012
                                          Pronounced on : April 13, 2012

+     W.P.(C) 591/2012

      BHAGWAN SINGH                                   ..... Petitioner
                  Through:           Mr.N.S.Dalal, Advocate

                   versus

      GOVT. OF NCT OF DELHI AND ANR            ..... Respondents
                    Through: Ms.Purnima Maheshwari, Advocate
                             with Mr.Rajesh Sharma, Patwari of
                             Village Bijwasan.
                             Ms.Sangeeta Chandra, Advocate for
                             DDA

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                               ORDER

% 13.04 .2012

On 9th February, 1999, petitioner had filed an application before the concerned Tehsildar/Consolidation Officer seeking cancellation of the acquisition in respect of land measuring 2 bighas 17 biswas in Khata No.453/Kila No.92/14/2, 14/4, 15/2 in Revenue Estate of Bijwasan, New Delhi and to allot deficient land at the earliest possible. Patwari's report of 16th February, 1999 on the aforesaid application was sought and thereafter, no proceedings took place which had compelled the petitioner to file a petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948, seeking direction for early disposal of the aforesaid application of the petitioner. Parawise comments were made by the concerned Tehsildar/Consolidation Officer in response to the aforesaid petition, which has been dismissed by the Financial

W.P.(C) No. 591/2012 Page 1 Commissioner, Delhi vide impugned order of 18th November, 2010.

Undisputed factual position as noted in the impugned order, is that in the year 1982, petitioner had purchased land measuring 2 bighas and 17 biswas falling in new Khasra No.92/14/2, 14/4 and 15/2 (old Khasra No.1070/1, 1071/1, 1073/1 and 1089/3), situated in Revenue Estate of Village Bijwasan, New Delhi (hereinafter referred to as the subject land), and that the possession of the subject land was taken by the Government in October, 1975 for the public purpose of construction of Bijwasan drain, in pursuance to the Notification issued in November, 1974 under Section 4 of Land Acquisition Act, 1894, which was followed by an Award No.51/86-87, wherein pre- consolidation as well as post-consolidation number of the acquired land including the subject land were detailed.

The stand taken by the petitioner in his application (Annexure P-2) seeking cancellation/withdrawal of the subject land from acquisition, before the concerned Consolidation Officer was that the subject land was not acquired in pursuance to Notification of November, 1974 under Section 4 of the Land Acquisition Act, 1894 and the same is found to be factually incorrect as Award No.51/86-87, (copy of which has been placed on record by the petitioner's counsel alongwith copy of the revenue record), reveals that the acquired land includes the subject land as well. So, any observation to the contrary in Patwari's report (Annexure P-3) is unacceptable on the face of it. In view thereof, finding returned in the impugned order of petitioner's application (Annexure P-2) being misconceived, as petitioner has no right to seek allotment of land in lieu of the acquired subject land from the pool of Gaon Sabha, cannot be faulted with.

So far as the plea of Mr.N.S.Dalal, Advocate, of petitioner being bona fide purchaser of the subject land is concerned, the same is not required to be gone into, for the reason that there is no whisper W.P.(C) No. 591/2012 Page 2 of it, in petitioner's application (Annexure P-2). Aforesaid application is also silent about petitioner being made to part with subject land in the year 1999. In any case, petitioner's claim of purchasing the subject land in the year 1982 after obtaining a 'no objection certificate' from the Revenue Authorities stands explained from the Patwari's report of 16th February, 1999 (Annexure P-3), as in the said Report, it has been explicitly stated that there was no note in the revenue record that the subject land stood acquired. In view of this bonafide lapse, 'no objection certificate' was issued to the petitioner by the Revenue Authorities. It becomes evident from the Patwari's report (Annexure P-3) that acquisition of the subject land with old khasra numbers is not shown to be in the ownership of the petitioner.

In the aforesaid view of the matter, impugned order rightly rejects petitioner's application (Annexure P-2), as the remedy with the petitioner upon acquisition of the subject land, was to file application under Section 30/31 of the Land Acquisition Act, 1894 against the predecessor-in-interest/recorded owners of the subject land. Thus, while finding petitioner's application (Annexure P-2) to be misdirected, this petition is dismissed, with the liberty to the petitioner to seek the remedy, as available in law, against the predecessor-in-interest of the petitioner in respect of the subject land. Any observation made in this order, shall not be construed as an expression on merits in proceedings under Section 30-31 of the Land Acquisition Act, 1894, if initiated at all.

This petition stands disposed of accordingly, with no orders as to costs.

                                                        (SUNIL GAUR)
                                                           JUDGE
      APRIL 13, 2012
      pkb


W.P.(C) No. 591/2012                                                    Page 3