Chaman Singh & Ors. vs Land Acquisition Collector East & ...
2015 Latest Caselaw 9317 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 15.12.2015

+       W.P.(C) 6351/2015 & CM No. 11554/2015
CHAMAN SINGH & ORS.                                              .... Petitioners
                                       versus
LAND ACQUISITION COLLECTOR EAST & ANR.                         ..... Respondents

Advocates who appeared in this case:
For the Petitioners           : Mr Inder Singh and Mr Vinod Kumar, Advocates

For the Respondent Nos. 1&2 : Mr Pawan Mathur with Mr Arush Bhandari,
                              Advocates for DDA
For the Respondents        : Mr Yeeshu Jain with Ms Jyoti Tyagi, Advocates for
                              L&B/LAC.
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The counter affidavit handed over by Mr Yeeshu Jain on behalf of

the respondent no. 1 is taken on record. The learned counsel for the DDA

has also handed over a counter affidavit which is taken on record. The

learned counsel for the petitioner does not wish to file any rejoinder

affidavit in response to the said counter affidavits as he would be relying

on the averments made in the writ petition. The learned counsel for the

petitioners also limits the reliefs claimed in this writ petition to the extent

of 2 Bighas and 8 Biswas and reserves the right of the petitioners to file

separate proceedings in respect of 15 Biswas of land, which both the said

respondents claim to have taken physical possession thereof, which is

disputed by the petitioners.

2. 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. 6-C/71-72 (Supplementary) dated 31.03.1977 was made,

inter alia, in respect of the petitioners' land comprised in Khasra No. 394

(3-03) to the extent of only 2 Bighas and 8 Biswas in village Gharonda

Neem Ka Bangar, Delhi, shall be deemed to have lapsed.

3. We have already indicated that the respondents claimed to have

taken possession in respect of 15 Biswas of land out of the said Khasra

and they admitted that the physical possession of 2 Bighas and 8 Biswas

could not be taken as the same was built-up. The petitioners have already

restricted this petition only to 2 Bighas and 8 Biswas of land and have

reserved their rights to file a separate petition and/or to initiate a separate

proceeding with regard to the balance 15 Biswas of land in respect of

which the possession is disputed.

4. As regards the issue of compensation, the petitioners' case is that

the compensation has neither been offered nor paid to the petitioners. The

stand of the respondents, however, is that the Naksha Muntzamin is not

traceable and therefore the respondents are not in a position to

specifically state as to whether the compensation was paid or not. In

these circumstances the averments made by the petitioner would have to

be accepted and that means that compensation has not been paid.

5. It is clear that the Award was made more than five years prior to

the commencement of the 2013 Act and the compensation has also not

been paid. Physical possession of the 2 Bighas and 8 Biswas of land, to

which this petition is now limited, has also not been taken by the Land

Acquiring agency. 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) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

(2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564;

(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and

(5) Girish Chhabra v. Lt. Governor of Delhi and Ors:

WP(C) 2759/2014 decided on 12.09.2014 by this Court.

6. As a result, the petitioners are entitled to a declaration that the said

acquisition proceedings in respect of the said 2 Bighas and 8 Biswas of

land initiated under the 1894 Act are deemed to have lapsed. It is so

declared.

7. The writ petition is allowed to the aforesaid extent. The petitioners

are granted liberty to file a separate petition/initiate separate proceedings

with regard to the balance 15 Biswas of land in the said Khasra No. 394.

There shall be no order as to costs.

                                          BADAR DURREZ AHMED, J


DECEMBER 15, 2015                          SANJEEV SACHDEVA, J
rs