Delhi High Court
Bhim Singh & Ors vs Govt. Of Nct Of Delhi & Ors. on 7 April, 2015
Author: Badar Durrez Ahmed
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 07.04.2015
+ WP(C) No.8415/2014 and CM 19457/2014
BHIM SINGH & ORS .... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr B.S. Maan, Mr Vishal Maan and Mr Aditya Singh
For the Respondent Nos.1&2 : Mr Sanjay Kumar Pathak, Mr Sunil Kumar Jha and
Mr Kushal Raj Tater
For the Respondent No.3 : Mr Dhanesh Relan and Mr Arush Bhandari for DDA.
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. The petitioners seek the benefit of Section 24(2) 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. A declaration is sought to the
effect that the acquisition proceeding initiated under the Land Acquisition
Act, 1894 (hereinafter referred to as „the 1894 Act‟) in respect of which
Award No. 43/86-87 dated 19.09.1986 was made, inter alia, in respect of
the petitioners‟ land comprised in Khasra Nos. 424 Min (1-15) and 425 (4-
16) measuring 6 bighas and 11 biswas in all in village Mahipalpur, Delhi-
86 shall be deemed to have lapsed.
2. In so far as Khasra No. 424 Min is concerned, it is admitted by the
respondents that physical possession of the same has not been taken. As
regards khasra No. 425, it is an admitted position that in respect of 1
bigha and 18 biswas, possession was taken by the respondents on
19.09.2003. The balance land in khasra No. 425 has admittedly not been
taken in possession by the land acquiring agency.
3. In so far as the question of compensation is concerned, the same
has not been paid to the petitioners but according to the respondents, the
same has been deposited in the treasury. Therefore, they seek to invoke
the second Proviso to Section 24(2) of the 2013 Act, which was
introduced by virtue of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement (Amendment)
Ordinance, 2014 (hereinafter referred to as "the said Ordinance").
4. So far as the applicability of the second Proviso to Section 24(2) of
the 2013 Act is concerned, the same cannot be relied upon by the
respondents inasmuch as the said Ordinance has been held to be
prospective in nature and does not take away vested rights. This has so
been held by the Supreme Court in recent decision in M/s Radiance
Fincap (P) Ltd. & Ors. Vs. Union of India & Ors. decided on
12.01.2015 in Civil Appeal No. 4283/2011 wherein the Supreme Court
held as under:-
"The right conferred to the land holders/owners of the
acquired land under Section 24(2) of the Act is the
statutory right and, therefore, the said right cannot be
taken away by an Ordinance by inserting proviso to the
abovesaid sub-section without giving retrospective effect
to the same."
5. The same has been reinforced by the Supreme Court in Karnail
Kaur & Ors. Vs. State of Punjab & Ors. Civil Appeal No. 7424/2013
decided on 22.01.2015.
6. From the above decisions, it is evident that the said Ordinance is
prospective in nature and the rights created in favour of the petitioners as
on 01.01.2014 by virtue of the 2013 Act are undisturbed by the second
Proviso to Section 24(2) of the 2013 Act, which has been introduced by
the said Ordinance.
7. Although only part physical possession of the land in question to
the extent of 1 bigha and 18 biswas has been taken by the land acquiring
agency, compensation, in any event, has not been paid to the petitioners
but has only been deposited in the treasury, which does not amount to
payment of compensation as interpreted by the Supreme Court in Pune
Municipal Corporation and Anr v. Harakchand Misirimal Solanki and
Ors: (2014) 3 SCC 183. The award has also been made more than five
years prior to the commencement of the 2013 Act.
8. All the necessary ingredients for the application of Section 24(2) of
the 2013 Act as interpreted by the Supreme Court and this Court in the
following cases stand satisfied:-
(1) Union of India and Ors v. Shiv Raj and Ors: (2014) 6
SCC 564;
(2) Sree Balaji Nagar Residential Association v. State of
Tamil Nadu and Ors: Civil Appeal No. 8700/2013
decided on 10.09.2014;
(3) Surender Singh v. Union of India & Others: WP(C)
2294/2014 decided on 12.09.2014 by this Court; and
(4) Girish Chhabra v. Lt. Governor of Delhi and Ors:
WP(C) 2759/2014 decided on 12.09.2014 by this Court.
9. As a result, the petitioners are entitled to a declaration that the said
acquisition proceedings initiated under the 1894 Act in respect of the
subject land are deemed to have lapsed. It is so declared.
10. The writ petition is allowed to the aforesaid extent. There shall be
no order as to costs.
BADAR DURREZ AHMED, J
SANJEEV SACHDEVA, J
APRIL 07, 2015
SU
