Delhi High Court
Krishana vs Govt.Of Nct Of Delhi & Ors. on 17 July, 2017
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : JULY 17, 2017
+ W.P.(C) 10587/2015 and CM APPL.26869/2015
KRISHANA ..... 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)1/2 & 271/2 Min (0-14) total area 06 bighas and
10 biswas having 1/18th share measuring situated in the Revenue Estate
of Village Ghonda Gujaran Khadar, Shahdara (referred to as 'the suit
land') has lapsed under Section 24(2) of Right to Fair Compensation
W.P.(C)10587/2015 Page 1
and Transparency in Land Acquisition Rehabilitation and Resettlement
Act, 2013 (referred to as 'the Act').
2. The petitioner avers that her husband, namely, Raj Singh, was
recorded owner of the suit land; he died on 15.11.1991. She is one of
his legal heirs. 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 was taken over by the respondents; its physical possession was
never taken. She was no paid or tendered any compensation,
whatsoever.
4. Para No. 6 of the counter affidavit filed by the respondents reads
as under:
"6. That it is submitted that for purposes of
planned development of Delhi, the answering
respondent issued a Notification uls 4 of the Land
Acquisition Act, 1894 on 23.6.l989 which was followed
by Notification u/s 6 of the said Act dated 20.06.1990
for planned development of Delhi for the acquisition of
the lands falling in village Gujran Khadar. That an
Award bearing No.8/92-93 dated 9.6.1992 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
however the recorded owner/s never came forward to
receive the compensation. A copy of possession
proceeding dated 25.1.2000 is already filed by the
petitioner."
W.P.(C)10587/2015 Page 2
5. It is evident that the possession of the suit land has since been
taken on 21.03.2007. No recorded owner approached the respondent to
receive the compensation. The petitioner has not placed on record any
document to show if after the death of her husband, the suit land was
mutated in her name or whether she approached the respondents to
claim compensation. It has not been elaborated as to who are the other
legal heirs of the deceased Raj Singh or if any of them has received
compensation. Though the petitioner's husband expired on 15.11.1991,
the intimation regarding his death was never conveyed to the revenue
authorities to offer or pay compensation to her.
6. Considering the above facts, declaration under Section 24(2) of
the Act cannot be granted to the petitioner.
7. 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)10587/2015 Page 3
