Lokesh Srivastava vs Govt. Of Nct Of Delhi & Ors.
2013 Latest Caselaw 24 Del

$~R-5
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 2826/2006


        LOKESH SRIVASTAVA                                   ..... Petitioner
                      Through:                Petitioner in Person.
                 Versus


        GOVT. OF NCT OF DELHI & ORS.             ..... Respondents
                      Through :      Mr. Sanjay Kumar Pathak,
                                     Adv. for LAC/GNCTD/L& B
                                     Deptt.
        CORAM:
        HON'BLE THE CHIEF JUSTICE
        HON'BLE MR. JUSTICE V.K. JAIN

               ORDER

% 03.01.2013

1. The petitioner before this Court is a resident of Utsav Vihar, an

unauthorized colony, which came up on private land of Village Karala and is

amongst the colonies seeking regularization by Delhi Government. The

allegation of the petitioner is that the land on which the aforesaid colony has

come up was sold by the owners to innocent persons by carving out plots on

it. Since the land in question has been acquired by the Government, these

land owners, according to the petitioner will also get huge amount from the

Government, towards compensation for the acquired land. He further states

that the Government is going to dispossess innocent persons who have purchased plots carved out by the land owners and as a result these persons

would be homeless, whereas the land owners who have already purchased

the land by carving out plots, will also get compensation from the

Government.

2. The following directions have been sought in the petition:-

"(a) The Hon'ble Court may kindly issue directions to the respondents thereby the respondents be directed to conduct a physical survey of the Utsav Vihar Colony through C.B.I. in presence of officials of the Residential Welfare Association and also direct the C.B.I. to verify the correctness of the revenue record of revenue authorities as on date of Utsav Vihar Colony to stop demolition of the colony illegally in the facts and circumstances of the case.

(b) The Hon'ble Court may kindly issue directions to the respondents not to pay compensation to the persons whose name appear only in the revenue record and the physical possession by way of documents have been handed over to the different poor plot holders including the residents of the Utsav Vihar - Karala to protect the person in the actual physical possession of the land prior to the acquisition in the facts and circumstances of the case.

(c) The respondents be directed to identify the persons who have turned the agricultural Gram Sabha land into small plots and action be ordered to be initiated against those land mafia who has sold the agricultural land into plots to the different persons so that the poor persons are not made homeless in the facts and circumstances of the case and the compensation is not given to the persons who have already been paid sale considerations by the plot holders and are not in physical possession of the agricultural land being acquired in the different unauthorized colonies of Delhi in the interest of justice.

(d) That further the respondents be directed to investigate the fact that one plot has been sold to different persons by playing fraud and cheating to the innocent persons of Utsav Vihar Colony and other unauthorized colonies are not subjected to cheating and fraud and also the innocent persons are not subjected to cheating and fraud at the hand of land mafia.

(e) The Hon'ble Court may kindly issue directions to the respondents thereby the persons in physical possession of the plot of the unauthorized colonies developed on agricultural land prior to the acquisition of the land be paid the compensation and be ordered to be rehabilitated in alternative plots in the facts and circumstances of the case in the interest of justice."

3. In its counter-affidavit, respondent No.1 has stated that the land in

Village Karala was notified vide notification issued on 21 st March, 2003

under Section 4 of the Land Acquisition Act. On publication of the said

notification in the Official Gazette, and inviting objections in terms of

Section 5A of Land Acquisition Act, the land owners who filed objections

were given a hearing. Thereafter, declaration under Section 6 of Land

Acquisition Act came to be issued on 19th March, 2004. It is further stated

that notices under Sections 9 & 10 of the Land Acquisition Act were also issued to the interested persons, some of whom filed claims pursuant to the

said notices. Those claims were considered and award was passed by the

Land Acquisition Collector on 2nd January, 2006. It is further stated that

possession of land measuring 1105 bighas and 12 biswas has been taken

over and handed over to the beneficiary. It is also stated in the counter-

affidavit that since land in question is an agricultural land, no construction

could have been raised on it.

4. As regards physical survey of Utsav Vihar Colony through CBI, the

prayer made by the petitioner is wholly misconceived. CBI is an agency

meant for carrying out investigation into commission of serious cognizable

offences and does not possess expertise to carry out physical survey of land.

Therefore, no direction can be given to it to carry out physical survey of the

land on which Utsav Vihar Colony has come up and on that basis verify the

revenue record pertaining to the said Colony.

5. As regards compensation, the same has to be paid by the Land

Acquisition Collector, in terms of the provision of the Land Acquisition Act,

which contemplate notice to person interested in the land as well as to the

occupiers, if any, of such land, enquiry into the claims lodged with the

Collector and determination and apportionment of such compensation amongst the persons known or believed to be interested in the land.

Therefore, no directions with respect to disbursal or otherwise of the

compensation payable in respect of the acquired land can be passed in this

petition. If any person in possession of the acquired land wanted whole or

part of the compensation determined in respect of the said land, the

appropriate remedy for him was to file claim in terms of Section 9 of the

Land Acquisition Act. No direction in this petition can be given to the Land

Acquisition Collector, not to pay compensation to the persons, whom he

found to be interested in the acquired land.

6. As regards the alleged defrauding of the persons who purchased plots

from the land owners, the remedy lies in the alleged victims of the crime

themselves initiating legal proceedings against the person who cheated

them. In the absence of an FIR disclosing therein as to who was cheated by

whom, when and in what manner, no direction for investigation into the

alleged fraud and cheating can be issued by the Court.

7. We, therefore, find no merit in the writ petition and the same is

hereby dismissed. It is, however, made clear that it would be open to the

victims of the alleged fraud and cheating to approach the Police or the

Court, as the case may be, for redressal of their grievance, if any, in accordance with law.

CHIEF JUSTICE

V.K. JAIN, J

JANUARY 03, 2013 'sn'