Delhi High Court
Ajit Singh vs Govt Of Nct Of Delhi And Ors. on 9 October, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: October 09, 2017
+ W.P.(C) 8718/2016 & C.M. 35768/2016
AJIT SINGH
+ W.P.(C) 8719/2016 & C.M. 35769/2016
MEER SINGH ..... Petitioners
Through: Mr. Rajesh Yadav & Mr. Lalit
Kumar Rawal, Advocates
Versus
GOVT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Siddharth Panda, Advocate for
LAC/L & B in W.P.(C) 8718/2016
Mr. Rajesh Sharma, Advocate for LAC/L & B
in W.P.(C) 8719/2016
Mr.Dhanesh Relan, Ms. Akshita Manocha &
Ms. Kajri Gupta, Advocates
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE SUNIL GAUR
S. RAVINDRA BHAT, J. (OPEN COURT)
1. The petitioners claim the relief of declaration under Section 24(2)
of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the
New Act') that acquisition in respect of suit lands i.e. Khasra No.273, 278
& 282, total measuring 10 bighas and 06 biswas (out of which petitioners'
claim share to the extent of 1/8th and 1/12th respectively in both the
proceedings) situated in the Revenue Estate of Village Ghonda Gujaran
Khadar, Shahdara, Delhi, has lapsed by virtue of Section 24 (2) of the
New Act.
2. The legal issue raised in these two petitions is similar, therefore,
though the cases were heard separately but for convenience, common
judgment in these cases is passed.
3. In these petitions, notification under Section 4 of Land Acquisition
Act, 1894 (old Act) was issued on 23rd June, 1989 and declaration under
Section 6 of the old Act was issued on 20th June, 1990. After notices
were issued to the land owners and their evidence considered, the Award
was published by the Land Acquisition Collector on 19th June, 1992. The
Award shows that a parcel of the suit lands i.e. Khasra No. 273/6-6 was
not acquired.
4. Respondent i.e. the Government of NCT of Delhi in the counter
affidavit states as follows:-
"That the possession of the land in bearing khasra No.
278 (1-15) & 282 (2-05) was taken over and handed over to
the beneficiary department on 21.03.2007. However, the
compensation amount is not paid. As per Nakhsa
Muntazameen the above said lands are Gaon Sabha land.
The petitioner is not recorded owner of the above said land."
5. The petitioners allege that after framing of the Award, neither
possession of the suit lands was taken over by the respondents nor was
compensation or any part of it paid in accordance with the law. This
Court notices that there is no material on record to substantiate the plea
that the lands in question were owned by Gaon Sabha.
6. Supreme Court in Pune Municipal Corporation and. Anr. v.
Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, has held
that if the acquiring body either does not pay compensation to the land
owner or take possession within five years before coming into force of
the 2013 Act, the acquisition is deemed to have lapsed. In the present
case, the Government of NCT of Delhi states that the possession of the
suit lands to the extent of ownership of petitioners in Khasra Nos.278 (1-
15) and 282 (2-05) was taken over. However, it also admits at the same
time that the compensation was neither paid nor tendered to the
petitioners in accordance with the law and was neither deposited. In
these circumstances, these petitions have to succeed.
7. In view of above discussion, it is hereby declared that the
acquisition in respect of 1/8th share and 1/12th share in suit lands i.e.
Khasra No.273, 278 & 282, situated in the Revenue Estate of Village
Ghonda Gujaran Khadar, Shahdara, Delhi are free from acquisition and
the acquisition is deemed to have lapsed by virtue of Section 24 (2) of
the New Act.
8. The writ petitions are allowed in above terms. The pending
applications also stand disposed of.
S. RAVINDRA BHAT
(JUDGE)
SUNIL GAUR
(JUDGE)
OCTOBER 09, 2017
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