Delhi High Court
Shravan Maan vs Govt Of Nct Of Delhi And Ors on 13 November, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13th November, 2017
+ W.P.(C) 3283/2016
SHRAVAN MAAN ..... Petitioner
Through: Mr. B.S. Mann, Adv.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Ms. Jyoti Tyagi, Adv. for Mr. Yeeshu
Jain, Adv.
Mr. Nikhil Rohatgi and Mr. Shashank
Khurana, Advs. for DDA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE V. KAMESWAR RAO
G.S.SISTANI, J (ORAL)
1. Mr. B.S. Mann, learned counsel appearing for the petitioner submits
that predecessor-in-interest of the petitioner namely Late Sh. Rai Singh, S/o,
Iswhar Das was the recorded owner of the acquired land measuring 6 Bigha 2
Biswas comprised in Old Khasra No. 1145 (6-02) situated in the Revenue
Estate of Village Mehrauli, New Delhi. A Section 4 Notification was issued
on 23rd January, 1965 followed by Section 6 Notification on 7th December,
1966 and Award bearing No. 80(E)/1970-71 was made on 9th January, 1981.
Mr. Mann admits that possession of the land in question has been taken, but
no compensation has been paid. In these circumstances, Mr. Mann submits
that petitioner is liable to be paid compensation under the provisions of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
2. Counsel for the DDA submits that possession of the land has been taken
and the same has already been put to use, which is admitted by Mr. Mann.
Learned counsel for the respondent LAC while relying on Para 6 of the
counter-affidavit submits that compensation was admittedly not tendered and
deposited and sent to RD. Para 6 of the counter-affidavit reads as under:
"6. That as per the Statement „A‟ of Award No. 80E/70-71 the status
of payment of compensation is as under: -
S. NO. NAME AMOUNT REMARKS
1. SAHAMAL 2650.11 DISPUTED-SENT IN RD
2. BUDH 2650.12 DISPUTED-SENT IN RD
3. SURJI 2650.12 DISPUTED-SENT IN RD
4. SHIV DUTT 3975.16 DISPUTED-SENT IN RD
"
3. We have heard the learned counsel for the parties. Section 24 (2) of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 reads as under:
"24(2)-Notwithstanding anything contained in sub-section
(1), in case of land acquisition proceedings initiated under
the Land Acquisition Act, 1894 (1 of 1894), where an
award under the said section 11 has been made five years
or more prior to the commencement of this Act but the
physical possession of the land has not been taken or the
compensation has not been paid the said proceedings shall
be deemed to have lapsed and the appropriate Government,
if it so chooses, shall initiate the proceedings of such land
acquisition afresh in accordance with the provisions of this
Act:
Provided that where an award has been made and
compensation in respect of a majority of land holding has
not been deposited in the account of the beneficiaries, then,
all beneficiaries specified in the notification for acquisition
under section 4 of the said Land Acquisition Act, shall be
entitled to compensation in accordance with the provisions
of this Act."
4. Having regard to the fact that the compensation was not tendered to the
petitioner, but possession of the land was taken and the land has already been
put to use for the Vasant Kunj Residential Scheme, the petitioner shall be
entitled to compensation under the Act of 2013 within a period of not later
than one year.
5. The petition stands disposed of.
G.S.SISTANI, J
V. KAMESWAR RAO, J
NOVEMBER 13, 2017/jg
