Delhi High Court
Devinder & Ors. vs Govt. Of Nct Of Delhi & Ors. on 16 August, 2017
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : AUGUST 16, 2017
+ W.P.(C) 5812/2016 & CM APPL. 23963/2016
DEVINDER & ORS. ..... Petitioners
Through : Appearance not given.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr.Yeeshu Jain, Standing Counsel
with Ms.Jyoti Tyagi, Advocate for L&B/LAC.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (OPEN COURT)
1. This matter was originally listed on 14.08.2017. Since
14.08.2017 was declared a Court holiday, this matter is listed today.
2. The petitioners seek declaration that the acquisition of their land
to the extent of 1/3rd (06-03) share in Khasra No. 19(1-6), 21 Min (2-
0), 287/111 (0-11) & 294/111-112 (14-12) measuring 18 bighas and 9
biswas situated in the Revenue Estate of Village Khajuri Khas,
Shahdara, Delhi (hereinafter referred to as 'suit land') has lapsed by
virtue of Section 24(2) of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (hereinafter referred to as 'the Act').
3. The petitioners claim that a notification under Section 4 of the
Land Acquisition Act, 1894 (old Act) was issued on 26.08.1967; it
included the suit land. A declaration was issued under Section 6 on
22.01.1968. The award bearing No.113/86-87 dated 19.09.1986 was
made by the Land Acquisition Collector.
4. The petitioners aver that pursuant to the award neither
possession of the suit land was taken over by the respondents nor any
compensation thereof was ever paid or tendered. Relying upon Pune
Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki &
Ors., 2014 (3) SCC 183, counsel urged that the acquisition has lapsed
since five year period indicated in Section 24(2) of the Act has ended.
5. The Govt. of NCT of Delhi through LAC, in its counter-
affidavit, states in Para (4) :
"4. That it is submitted that for purposes of planned
development of Delhi, the answering respondent issued
a Notification u/s 4 of the Land Acquisition Act, 1894 on
26.8.1957 which was followed by Notification u/s 6 of
the said Act dated 26.8.1967 for the acquisition of the
lands falling in Village Khajuri Khas. That an Award
No.113/86-87 was passed and the actual vacant physical
possession of the subject land falling in khasra number
19(1-06), 21 MIN (2-00), 287/111 (0-11) & 294/112
(14-12) total (18-09) out of which petitioners have been
claiming 1/3rd share was taken on 23.9.1986 on the spot
and handed over to the DDA after preparing possession
proceeding on the spot. The recorded owner/s however
never came forward to receive any compensation hence
the same is lying unpaid."
6. It is evident that though the possession of the suit land was
taken by the respondents, however, its compensation was never
offered or paid to the recorded owners. The counter-affidavit is silent
if at any time compensation was offered to any specific individual.
Nothing is on record to infer if the recorded owner(s) of the suit land
declined to accept the compensation so offered. As per Pune
Municipality case (supra), it was the respondents' duty to offer
compensation to the 'person interested' in compliance of the
provisions of the old Act.
7. Since the compensation for the acquisition of the suit land has
not offered or paid to the petitioners, they are entitled to the
declaration sought under Section 24(2) of the Act. Accordingly, it is
held that acquisition of the suit land to the extent of 1/3rd (06-03) share
in Khasra No. 19(1-6), 21 Min (2-0), 287/111 (0-11) & 294/111-112
(14-12) measuring 18 bighas and 9 biswas situated in the Revenue
Estate of Village Khajuri Khas, Shahdara, Delhi has lapsed by virtue
of Section 24(2) of the Act.
8. The writ petition is allowed in the above terms. Pending
application also stands disposed of.
S.P.GARG
(JUDGE)
S. RAVINDRA BHAT
(JUDGE)
AUGUST 16, 2017 / tr
