Delhi High Court
Vikas & Ors vs Govt. Of Nct Of Delhi & Ors on 19 July, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 19.07.2017
+ W.P.(C) 7299/2015 & CM No.13410/2015
VIKAS & ORS ..... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
+ W.P.(C) 7304/2015 & CM No.13417/2015
SUKHBIR SINGH & ORS ..... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
+ W.P.(C) 7306/2015 & CM No.13420/2015
SURAJ BHAN & ORS. ..... Petitioners
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
+ W.P.(C) 7307/2015 & CM No.13421/2015
MAHENDER SINGH & ORS ..... Petitioners
versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
+ W.P.(C) 7313/2015 & CM No.13430/2015
SURAJ BHAN AND ORS. ..... Petitioners
W.P.(C) No.7299/2015 & connected matters Page 1 of 6
versus
GOVT. OF N.C.T. OF DELHI AND ORS. ..... Respondents
Present: Mr. Aagney Sail, Adv. for the petitioners.
Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv.
for L&B.
Ms. Reenuka Arora, Adv. for DSIIDC.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE S.P.GARG
MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)
1. Counter affidavit is permitted to be taken on record in
W.P.(C) Nos.7306/2015 & 7313/2015.
2. In all these writ petitions, the petitioners have prayed for 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‟), i.e., a declaration to the effect that the land
acquisition proceedings in respect of their lands be deemed to have lapsed in
view of the provisions of Section 24(2) of the 2013 Act.
3. All petitioners claim to be owners of different parts of land
(agricultural land in Village Karala Rectangle No. 10- Khasra Nos. 22(4-
05); Rectangle No. 17- Khasra Nos. 2(4-05), 9(4-05) in W.P.(C)
No.7299/2015; agricultural land in Village Karala Rectangle No. 16 -
Khasra Nos. 16(4-16), 17/1(2-13), 17/2(2-03), 24/2(3-06), 25(4-16) in
W.P.(C) No.7304/2015; agricultural land in Village Karala in Rectangle No.
34 - Khasra Nos. 14/1(2-02), 15/1 min (1-02), 15/2 min (1-00); Rectangle
W.P.(C) No.7299/2015 & connected matters Page 2 of 6
No.63 - Khasra No. 2/2(1-00)(B), 9(4-16)(B), 12(4-12)(B) in W.P.(C)
No.7306/2015; agricultural land in Village Karala Rectangle No. 11- Khasra
Nos. 10/1(min)(2-03), 10/2(min)(2-13), 11(4-16), 20(5-09), 21/1(1-18);
Rectangle No. 62- Khasra Nos. 18/2{2-07(B)}, 19/1 {2-04(B)}, 23(4-12),
24(4-12), 25(4-12); Rectangle No. 63- Khasra Nos. 18{4-09(B)}, 19{4-
12(B)}, 22{4-16(B)}, 23{4-09(B)} in W.P.(C) No.7307/2015 and
agricultural land in Village Karala Rectangle No. 2- Khasra Nos. 16/1(1-05);
Rectangle No.11- Khasra Nos. 4/2(1-11); Rectangle No. 15- Khasra Nos.
13/1(2-05); Rectangle No. 11 - Khasra No. 24/2(4-01); Rectangle No. 16 -
Khasra Nos. 4(4-12), 7(4-16) & 14(4-12) in W.P.(C) No.7313/2015)
(referred to as the "suit lands").
4. All the writ petitions are based on almost identical facts except the
description of the lands and some of the relevant dates. For convenience, the
facts in W.P. (C) 7299/2015 are taken as reference. In this case, notification
under Section 4 of the Land Acquisition Act, 1894 ("old Act") was issued
on 25.08.2005. Subsequently, on 10.07.2006, declaration under Section 6 of
the old Act was issued. The award was made on 26.05.2008. The counter
affidavit filed by the LAC in WP (C) 7306/2015, which was taken on record,
shows that the compensation was awarded to the petitioners in lieu of the
acquisition. Moreover, the petitioners took advantage of the Special
Rehabilitation Package (SRP) as announced by the GNCT of Delhi and also
received enhanced compensation pursuant to the scheme. The SRP reads as
under:
"GOVERNMENT OF NCT OF DELHI
LAND & BUILDING DEPARTMENT
B-BLOCK: VIKAS BHAWAN: NEW DELHI
W.P.(C) No.7299/2015 & connected matters Page 3 of 6
No.F.9(20)/80/L&B/LA/Vol.II/8226-44
Dated: 01-10-2008
ORDER
The government of the NCT of Delhi have taken into
consideration the general increase in prices of land and the
inequity of giving compensation based on the procedure
followed under the Land Acquisition Act, 1894. Therefore, the
government have decided to give a Special Rehabilitation
Package for the people affected by land acquisition in respect
of the cases in which the land acquisition awards have not been
announced till December 18, 2007, details of which are:-
1. The amount of compensation effective from December 18,
2007 would be discounted by Rupees 11.80 lakhs per acre per
year for those lands which were notified under section 4 for
acquisition in 2006 and 2005.
2. Though this Special Rehabilitation Package would involved
additional funds for making payment of compensation to the
farmers, the amount would be recovered while determining the
cost of land allotted to other government agencies.
3. The other elements of the award namely solatium and
interest would be allowed as per rules.
4. The Special Rehabilitation Package would not be treated as
precedent for the future.
5. The payment of compensation should be done in a time
bound manner.
6. The package would apply to all agricultural lands.
7. The Special Rehabilitation Package should be accepted by
individual farmers and made applicable in each case only, if
they do not mount a challenge to the award already announced
by the LAC. If they have challenged the award they must
withdraw the petition to avail of the benefit of the Special
Rehabilitation Package.
Sd/-
(G.S. MEENA)
Addl. Secretary (L&B)"
5. Admittedly, the petitioners accepted such package (SRP) and gave an
undertaking in accordance with the terms of the package that they had
received due compensation. The undertaking stated that no cause of action
would subsequently arise for making claims in relation to the lands so
acquired and for whom compensation was so accepted, in later proceedings
before courts of law. Learned counsel for the petitioners nonetheless
contended that since as required by Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 ("2013 Act"), possession has still not been taken and
the petitioners are still in possession, they are entitled to a declaration under
the Act that the said acquisition has lapsed. It was contended that even
though compensation by way of SRP was accepted by the petitioners and an
undertaking within the terms of the package was given, the petitioners could
not be deemed to have waived their statutory rights and must be entitled to
seek the relief provided under the Act.
6. This Court considers that the issue raised in these writ petitions is no
longer res integra; in similar circumstances, the matter was put to rest by a
decision of this Court in WP (C) 5395/2015 dated 21.02.2017 titled
Jai Kishan & Anr. v. Govt. of NCT of Delhi & Ors. That decision in turn
relied upon a previous decision in W.P. (C) 9101/2014 titled Bhim Singh v.
Govt. of NCT of Delhi & Anr. From both of these decisions, it clearly
emerges that the petitioners having availed of the benefits of the SRP and
received enhanced compensation accordingly, cannot now be heard to
complain that the acquisition has lapsed in terms of Section 24 (2) of the
2013 Act. That being the case, the petitioners‟ claims are unmerited.
7. For the above reasons and in view of the judgment in
W.P.(C) No.5395/2015 dated 21.02.2017 titled Jai Kishan & Anr. vs. Govt.
of NCT of Delhi & Ors., no relief can be granted.
The writ petitions are therefore dismissed.
S. RAVINDRA BHAT, J
S.P.GARG, J
JULY 19, 2017
kks
