Delhi High Court
Shakuntla Devi vs Govt Of Nct Of Delhi And Ors on 15 November, 2017
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 15th November, 2017
+ W.P. (C.) No.2849/2016
SHAKUNTLA DEVI ..... Petitioner
Through Mr. V.S. Tomar, Advocate
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through Mr. Sanjay Kumar Pathak, Mr. Sunil
Kumar Jha and Mr. Kushal Raj Tater,
Advocates for L&B/LAC.
Mr. Nikhil Goel and Mr. Ashutosh
Ghade, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE V.KAMESWAR RAO
G.S.SISTANI, J. (ORAL)
1. Counter affidavit has been handed over in Court by the counsel for the
LAC. The same is taken on record.
2. Present petition has been filed under Article 226 of the Constitution of
India by the petitioner, seeking following prayers:
"A) issue appropriate writ, order, direction in the nature of
writ of certiorari to quash and set aside Public Notice
dated 21th November, 2012 issued by the Government of
NCT of Delhi through the respondent no.2 Land
Acquisition Collector, New Delhi pursuant to
Notification bearing No.F9(12)/95/L&B/LA/9743 dated
27th June 1996. As more than one year passed and no
declaration under Section 6 of the Old Act has been
made;
B) to declare proceedings initiated by DDA under Section
5A of the Land Acquisition Act, as non-est in the eyes of
law at this belated stage as invocation of emergency
clause has become a farce;
C) to declare that the land acquisition proceedings initiated
in respect of the Khasra Numbers enumerated in the GPA
to have lapsed; and
D) Any other further relief as deemed appropriate in the facts
and circumstances of the case."
3. Mr. Tomar, learned counsel appearing for the petitioner submits that
the petitioner is entitled to declaration that the acquisition proceedings
qua subject matter of this writ petition with respect to the land
comprised in Khasra no.1167(2-8) situated in the revenue estate of
Rangpuri, also known as Malikpur Kohi, New Delhi stood lapsed. It
is also the case of the petitioner that a Notification under Section 4 of
the Land Acquisition Act, 1894 was issued on 01.06.1995, which
Notification stood lapsed and a fresh Notification was issued on
27.06.1996. thereafter, a Notification under Section 6 of the Land
Acquisition Act was issued on 10.01.1997 and an Award was also
made on 07.01.1999.
4. Mr. Pathak, learned counsel appearing on behalf of the LAC relies on
paras 9 and 11 of the counter affidavit, which read as under:
"9. That it is submitted that many of the land owners
filed various writ petitions including the lead case being Civil
Writ Petition No.1953/1997 titled Vasant Kunj Enclave
Housing Welfare Society Vs. Union of India & Ors. before
this Hon'ble Court for quashing of the Notifications dated
27.06.1996 issued by the Government of NCT of Delhi under
Section 4 read with Section 17(1) & (4) dispensing with
Section 5-A and Notifications dated 10.01.1997 issued under
Section 6 of the Land Acquisition Act. In the said writ
petitions, interim stay/status quo orders were passed in favour
of the petitioners therein as early as on 16.12.1996. The said
writ petitions lead case being WP(C) No.1953/1997 were
disposed on 04.05.2012 whereby Section 6 and 17 was qua the
petitioners therein. Thereafter, the public notice issued by the
answering respondent on 21.11.2012 inviting objections from
interested persons under Section 5A of the Old Act were
challenged in two writ petitions being WP(C) No.7795/2012
and WP(C) No.7802/2012 and the same was stayed vide
interim orders dated 19.12.2012 and further, in WP(C)
No.7802/2012 vide 11.10.2013 the parties were directed to
maintain status quo. Aforesaid writ petitions i.e. W.P.(C)
No.7795/2012 and W.P.(C) no.7802/2012 were dismissed as
withdrawn on 05.11.2014 and 12.10.2015 with liberty to seek
remedy individually by land losers. It is submitted that
petitioner land was also subject matter of W.P.(C)
No.7802/2012. Thus, interim order/stay with respect to the
subject khasra Nos. remained in force till 12.10.2015. Thus,
acquisition proceedings again remained interdicted by interim
orders of this Hon'ble Court.
11. That it is humbly submitted that to complete the
acquisition proceedings the answering respondent No.2 had
issued individual notices for hearing under Section 5-A of the
Land Acquisition Act 1894 to the interested persons/land
losers and objections file by them have also been heard and
considered. After hearing objections from 1414 persons,
declaration under Section 6 of the Old Act has been issued on
04.07.2017 and the same has been issued in respect of subject
land(khasra No.1167) also and the same is within time."
5. While relying on the aforesaid paragraphs, Mr. Pathak submits that the
present petition would not be maintainable.
6. At this stage, Mr. Tomar, learned counsel for the petitioner seeks leave
to withdraw this petition with liberty to file a fresh petition in
accordance with law.
7. The writ petition is dismissed as withdrawn. The liberty, as prayed,
granted.
CM.APPL 11948/2016 (stay)
8. The application also stands dismissed in view of the order passed in
the writ petition.
G.S.SISTANI, J.
V.KAMESWAR RAO, J.
NOVEMBER 15, 2017
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