Delhi High Court
Ashok Aggarwal vs Union Of India on 23 November, 2017
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 23rd November, 2017
+ W.P.(C) 8380/2017
ASHOK AGGARWAL ..... Petitioner
Through: Mr.S.K.Rout and Mr.Vinay Kumar,
Advocates
versus
UNION OF INDIA ..... Respondent
Through: Mr.Yeeshu Jain, Standing counsel for
LAC/L&B with Ms.Jyoti Tyagi, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MR. JUSTICE V.KAMESWAR RAO
G.S.SISTANI, J. (ORAL)
1. Mr.Jain submits that it is not necessary to file reply to this petition.
2. With the consent of the parties the writ petition is set down for final
hearing and disposal.
3. The petitioner seeks a direction to the Land Acquisition Collector,
Distt. Shahdara to forward the reference petition filed on 05.05.2005
vide diary no. 287/ADM/(Shahdara) to the court of Additional District
Judge.
4. As per the writ petition the petitioner is an interested person and in
possession of the property bearing no.18A, Gali No.7, Friends Colony,
Industrial Area, G.T.Road, Shahdara in the capacity of a tenant. It is
further the case of the petitioner that his title has been decided by the
court of Additional District Judge vide order dated 22.09.2014
wherein it has been held that the petitioner is entitled to 60% of
compensation pertaining to the aforesaid plot measuring 150 sq. yds.
which was acquired by an Award No.2/2007-08 dated 31.12.2007.
The petitioner also claims that the possession of the land has been
taken over and awarded compensation was received in the month of
March, 2015 under protest.
5. Counsel for the petitioner submits that a reference petition was filed
by the petitioner under Section 18 of the Land Acquisition Act, 1894
on 05.05.2015 which was diarised vide diary
no.287/ADM/(Shahdara). Complaint of the petitioner is that despite
his visits to office of the respondent to enquire about the status of
reference, no specific answer has been received. It is further
complained that two years have lapsed but the reference has not been
forwarded.
6. Mr.Yeeshu Jain, learned counsel for LAC submits that since the
petitioner has not furnished the payment certificate, the matter is
hanging fire. The petitioner submits that no document has ever been
demanded from him, nor he has been informed either orally or in
writing.
7. We have heard the counsels of the parties.
8. The only relief sought by the petitioner is a direction to the LAC to
forward the reference petition filed on 05.05.2015 to the court of
Additional District Judge. Filing of the reference petition is not
disputed. We find no justification for the LAC in not considering the
reference petition which has been filed as far back as on 05.05.2015
vide diary no.287/ADM (Shahdara). The only reason pointed out by
Mr.Jain for the delay is that the petitioner has failed to supply a copy
of payment certificate. In the absence of any communication
addressed to the petitioner, we are of the view that the delay is
uncalled for and is not justifiable.
9. We make it clear that in future in case an application/petition is filed
and the same is deficient in any manner, the LAC must inform the
applicant/petitioner regarding the deficiency in a reasonable period of
time, as the delay not only causes prejudice to the rights of the
petitioner but valuable time of the Court is also wasted.
10. We direct the petitioner to appear before the Land Acquisition
Collector on 05.12.2017 at 11 a.m. The Collector will consider the
reference within four weeks thereafter.
11. With the above directions, the writ petition is disposed of.
G.S.SISTANI, J
V. KAMESWAR RAO, J
NOVEMBER 23, 2017
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