Delhi High Court
Ishwar Singh vs Govt.Of Nct Of Delhi & Ors. on 17 July, 2017
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : JULY 17, 2017
+ W.P.(C) 10458/2015 and CM APPL.26247/2015
ISHWAR SINGH ..... Petitioner
Through : Mr.Lalit Rawal with Mr.Sunil K.Goel,
Advocates.
versus
GOVT.OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr.Arjun Pant, Advocate, for DDA.
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. The petitioner seeks declaration that the acquisition of land in
Khasra No.255/2 (5-16) and 271/2 min (0-14) total area 6 bighas and 10
biswas, having 1/6 share measuring 1 bigha and 2 biswas (hereinafter
'suit land'), situated in the Revenue Estate of Village Ghonda Gujaran
Khadar, Shahdara has lapsed under Section 24(2) of Right to Fair
Compensation and Transparency in Land Acquisition Rehabilitation
and Resettlement Act, 2013.
W.P.(C)10458/2015 Page 1
2. The petitioner avers that his father Parhlad Singh was the
recorded owner of the suit land and he has since expired on 15.05.2006.
A Notification under Section 4 of the Land Acquisition Act was made
on 23.09.1989; it included the suit land. Notification under Section 6
of the Old Act was made on 20.06.1990. Award bearing No.8/1992-93
was made thereafter.
3. The petitioner claims that only symbolic possession of the suit
land has been taken over by the respondents on 21.03.2007; its physical
possession was never taken. No compensation, whatsoever, was paid to
him.
4. Para No.6 of the counter affidavit filed by the respondents read as
under:
"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 23.6.1989 which was followed by Notification u/s 6
of the said Act dated 20.6.1990 for planned
development of Delhi for the acquisition of the lands
falling in village Ghonda Gujran Khadar. That an
Award bearing No. 8/92-93 dated 19.6.1992 was also
passed and the actual vacant physical possession of the
subject lands falling in Khasra number 255/2 (5-16)
and 271/2 min (0-14) total measuring (6-10) was taken
on the spot by preparing possession proceedings dated
21.3.2007 and handed over to the DDA on the spot
whereas the compensation was also paid to the other
share holders of the subject land except the share of
father of the petitioner herein. A copy of the possession
proceeding has been filed by the petitioner himself."
W.P.(C)10458/2015 Page 2
5. It is evident that the possession of the suit land has since been
taken over on 21.03.2007. Compensation is stated to have been paid to
the shareholders of the suit land except the petitioner's father.
6. The petitioner has not placed on record any document to show as
to how and to what extent, the said suit land has fallen into his share. It
was never mutated in his name. The petitioner does not disclose as to
who else are the legal heirs of the deceased Parhlad Singh. It is also not
disclosed if no compensation has been received by any other legal heirs
of deceased Parhlad Singh.
7. The petitioner never moved the respondents any time to claim
compensation for acquisition of suit land.
8. Considering the above facts, declaration sought under Section
24(2) of the Act can't be granted.
9. The petition is dismissed. All pending application(s) also stand
disposed of.
S.P.GARG
(JUDGE)
S. RAVINDRA BHAT
(JUDGE)
JULY 17, 2017/sa
W.P.(C)10458/2015 Page 3
