Delhi High Court
Kartar Singh & Ors vs Union Of India And Others on 2 March, 2015
Author: Badar Durrez Ahmed
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 02.03.2015
+ WP(C) No. 8980/2014 and CM 20530/2014
KARTAR SINGH & ORS .... Petitioners
versus
UNION OF INDIA AND OTHERS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms Richa Oberoi, Advocate.
For the Respondents : Mr Dev P.Bhardwaj, Advocate for Union of India.
Mr Yeeshu Jain and Ms Jyoti Tyagi Respondent No. 2.
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
CM No.3634/2015
The applicant in person has been heard as also the other counsel.
The respondents No.4 and 5 are transposed as petitioners No.4 and 5.
The amended memo of parties be filed within a day in the correct order
by the learned counsel for the petitioners No. 1, 2 and 3.
The application stands disposed of.
W.P.(C) 8980/2014
1. The counter affidavit handed over by Mr Yeeshu Jain/respondent
No.2 is taken on record. The learned counsel for the petitioners does not
wish to file any rejoinder affidavit and reiterates the contents of the writ
petition.
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. 23/87-88 dated 17.06.1987 was made, inter alia, in respect of
the petitioners‟ land comprised in Khasra Nos. 54 (8-4), 63 (2-4), 119(2-
7), 180(8-0), 209(0-13), 230(1-8), 513(3-5), 920/594(7-06), 923/706/595
(4-11), 993/959/961/812/251 (1-9), 994/959/251(5-0), 607 min (8-0),
592(3-5), 984/944/623 (3-9), 949/652 (1-17), 191 (4-17), 341(20-19),
996/396 min (4-9), 997/396 min (2-9) and 457 min (6-0) measuring 99
bighas and 12 biswas in all in village Maindan Garhi shall be deemed to
have lapsed.
3. In so far as Khasra No. 119(2-7), 209(0-13), 230(1-8), 513(3-5),
920/594(7-06), 993/959/961/812/251 (1-9), 994/959/251(5-0), 592(3-5),
984/944/623 (3-9), 949/652 (1-17), 191 (4-17), 341(20-19), 996/396 min
(4-9), 997/396 min (2-9), 457 min (6-0) and 923/706/595 (4-11) and
180(8-0) are concerned, the stand of the respondents is that physical
possession of the said lands were taken on 12.11.1987, 16.07.1987 and
17.05.2013. This is disputed by the petitioners, who claim to be in actual
physical possession of the entire subject land.
4. 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").
5. 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."
6. 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.
7. 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.
8. Without going into the controversy with regard to the physical
possession in so far as some of the Khasra Nos. are concerned, this much
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 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.
9. 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.
10. 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.
11. The writ petition is allowed to the aforesaid extent. There shall be
no order as to costs.
BADAR DURREZ AHMED, J
MARCH 02, 2015 SANJEEV SACHDEVA, J
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