Delhi High Court
Reeta Devi vs Land Acquisition Collector And ... on 2 May, 2017
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 02nd May, 2017
+ W.P.(C) 3113/2016 & CM No. No.13275/2016
REETA DEVI
..... Petitioner
Through : Mr.Akhilesh Kumar Singh, Advocate.
versus
LAND ACQUISITION COLLECTOR AND ORS
..... Respondents
Through : Mr.Sanjay Kr Pathak, Ms.Koumuki
Kiran Pathak, Mr.Sunil Kumar Jha
and Mr.Kushal Raj Tater, Advocates
for L&B/LAC.
Mr.S.K.Seth and Ms.Dolly Sharma,
Advocates for respondent Nos.4&5.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J. (Oral)
1. The petitioner claims to be a part owner of plot bearing No.16,
admeasuring 150 square yards, falling in Khasra No.140/2, in the
revenue estate of Village Dichaon Kalan, Delhi. The petitioner claims
to have purchased the property on 05.01.2001 on the basis of
documents viz GPA etc and says to be in possession of the subject
land since its purchase.
2. On 07.04.2006, land admeasuring 407 bigha 19 biswas of
village Dichaon Kalan, Delhi was notified under Section 4 of the
Land Acquisition Act, 1894 vide notification bearing No.F.9(88)
2004/L&B/LA/176. The objections were called and on 04.04.2007
the notification under Section 6 of the Act was issued since the land
was required to be taken over for the construction of 100 meter road
under the Planned Development of Delhi.
3. On 31.12.2011 public notice was issued under Section 17(2) of
the Act for vacating all structures in the aforesaid Khasra numbers.
The petitioner alleges that neither the possession of her land was
taken by the appropriate government nor any compensation paid to
her and hence she claims benefit of Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 by way of this petition.
4. Paragraph Nos.7 & 10 of the counter affidavit filed by the Land
Acquisition Collector is as under:-
"4. That vast tract of land including the land
comprised in Khasra 140//2 situated in the revenue
estate of village Dichaun Kalan New Delhi was
notified for acquisition for public purpose vide
notification dated 07.04.2006 issued under Section
4 of the Old Act followed by declaration issued
under section 6 issued on 04.04.2007 and pursuant
to which an award being Award No.10/2008-09
was also made on 30.12.2008 with respect to the
acquired land including the land of the petitioner.
10. That as regards possession and
compensation, it is humbly submitted that as per
possession proceeding report possession of subject
land comprised in Khasra No.140 //2 (1-17) has
been taken on 10.02.2012. So far as compensation
amount is concerned it is humbly submitted that as
per record compensation amount of
Rs.4,75,76,597/- has been deposited in the court of
Additional District Judge under section 31(2) vide
cheque No.847117 dated 27.12.2013.As per
Naksha Muntzamin Khasra No.140//2 has been
shown in two separated items. The recorded owner
of the land (1) Kh No.l40//2min(l-0) is Shiv Kumar
S/o Shri Madan Lai, R/o Indira Market,
Bahadurgarh, Haryana and (2) Kh
No.l40//2Min(0-17) U/S-81 is Gram Sahaba. The
Petitioner is not the recorded owner."
5. Thus, according to the respondents, the recorded owners of
subject land are one Shiv Kumar s/o Madan Lal and the Gram Sabha,
as per Naksha Muntzamin. Moreover, the possession proceeding
report shows that possession of subject land comprised in Khasra
No.140//2 (1-17) was also taken by the appropriate government on
10.02.2012. Suffice is to say that once the possession is taken by the
appropriate government, the possession of the petitioner, if any, can
only be treated as that of a trustee on behalf of public at large and
cannot be a ground for enhanced compensation.
6. Admittedly, the petitioner is not a recorded owner of the land
nor her name figures in the list of claimants in award. Therefore,
there was no question of tendering or paying any compensation to
her. Nevertheless, the compensation amount of `4,75,76,597/- is still
lying deposited in the Court of Additional District Judge vide cheque
No.847117 dated 27.12.2013. Hence, no ground is made out for grant
of benefit to her under Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.
7. Consequently, the writ petition and pending miscellaneous
application are dismissed.
YOGESH KHANNA, J
S. RAVINDRA BHAT, J
MAY 02, 2017
M
