Ravi Dutt & Ors vs Union Of India & Ors
2014 Latest Caselaw 4519 Del

$~ 58(II)

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 16.09.2014
+       W.P.(C) 1898/2014 & CM 3957/2014

RAVI DUTT & ORS                                       ..... Petitioners
                        versus

UNION OF INDIA & ORS                                  ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr Dhruv Madan with Mr Ashish Mohan
For the Respondents : Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha and
                      Mrs Kiran Pathak for the Respondent/L&B and LAC
                      Mr Ajay Verma for DDA.

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                 JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The learned counsel for the petitioners states that this matter is

covered by the decision of this Court in the case of Girish Chhabra vs.

Lt. Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on

12.09.2014. He states that although possession of the subject land has

been taken, the award under the Land Acquisition Act, 1894

(hereinafter referred to as 'the 1894 Act') was made more than five

years prior to the commencement of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (hereinafter referred to as 'the 2013 Act'), which came into

effect on 01.01.2014. In this case Award No. 15/1987-88 was made on

06.06.1987. He also states that compensation has not yet been paid to

the petitioners. Therefore, the requirements of section 24(2) of the

2013 Act have been fulfilled and the petitioners are entitled to a

declaration that the subject acquisition under the 1894 Act has lapsed.

The land in question is situated in Village Chattarpur in Khasra Nos.

343, 344, 345, 346, 417, 420, 421, 422/2, 423, 424/1, 424/2, 426/1 and

440 measuring 43 bighas 12 biswas in all.

2. Admittedly, though physical possession of the subject land has

been taken on 05.07.2013, 10.07.2013 and 17.07.2013 and possession is

with the DDA, compensation has not been paid to the petitioners. The

Award is also more than five years prior to the commencement of the

2013 Act. Consequently, the decision of this Court in Girish Chhabra

(supra) applies on all fours and the subject acquisition has lapsed.

3. A prayer has also been made seeking return of possession of the

subject land which is vacant as a consequence of the acquisition having

lapsed in view of the provisions of Section 24(2) of the said Act. It is

the contention of the learned counsel for the DDA there cannot be any

direction with regard to the return of the land to the petitioners

inasmuch as the earlier acquisition had been confirmed by the Supreme

Court. He further states that the subject land has also been handed over

to the CISF on 31.08.2012.

4. We are not in agreement with the submission made by Mr

Verma, the learned counsel appearing on behalf of the DDA, inasmuch

as the Supreme Court in the case of Pune Municipal Corporation and

Another v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC

183 had not interfered with the order of the High Court which quashed

the acquisition proceedings and directed restoration of possession. The

logical sequitur of the acquisition having lapsed by virtue of Section

24(2) of the said Act is that the acquiring authority would have no legal

basis for retaining the said land. It is always open to the appropriate

government under Section 24(2), if it so chooses, to initiate proceedings

for acquisition afresh in accordance with the provisions of 2013 Act.

But, till that happens, the land, which is the subject matter of

acquisition which has lapsed, cannot be retained by the acquiring

authority or its transferee.

5. The writ petition is allowed to the aforesaid extent. There shall

be no order as to costs.

                                       BADAR DURREZ AHMED, J



SEPTEMBER 16, 2014                      SIDDHARTH MRIDUL, J
SR