Delhi High Court
Sardar Mohammad vs Govt Of Nct Of Delhi And Ors on 11 September, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: September 11, 2017
+ W.P.(C) 7614/2016 & CM 31335/16
SARDAR MOHAMMAD ..... Petitioner
Through: Mr. Ram Kumar, Mr. K.K. Nangia
and Mr. R.B. Sisodia, Advocates
Versus
GOVT OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Siddharth Panda, Advocate for
Mr. Sanjeev Sabharwal, Standing Counsel with
Ms. Ridhi, Advocate for respondent-DDA
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE SUNIL GAUR
S. RAVINDRA BHAT, J. (OPEN COURT)
1. Learned counsel for respondents-L&B/LAC and DDA seek liberty
to place on record their respective counter affidavits. Liberty granted.
Both the counter affidavits are taken on record with consent of counsel
for petitioner.
2. The petitioner seeks a declaration that the 1/3rd share of the suit
lands i.e. Khasra Nos. 454, 453, 459, 460, 461, 462 situated in the
revenue estate of Village Sayoor Pur, District-South, New Delhi is free
from acquisition by reason of Section 24 (2) of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013').
3. In the present case, the facts are that the suit lands were notified on
25.11.1980 under Section 4 of the old Land Acquisition Act (of 1894) and
a declaration under Section 6 was issued on 20.05.1985. Later on, notices
were issued to the persons interested and the land owners and the Award
was published on 14.05.1987 assessing all lands to compensation. The
petitioner contends that since neither possession of the suit lands was
taken nor was compensation paid in accordance with the law, the
acquisition of the suit lands is deemed to have lapsed.
4. The respondent-Appropriate Government in its counter affidavit
states that the possession of the suit lands was taken over on 14.07.1987.
With respect to compensation, it reads as follows: -
"8.........The compensation with respect to the Khasra
Nos.454(4-16), 459 (5-18), 460 (4-16), 461 (4-16) and 462 (3-14)
Total 24-Bighas, has been paid to the recorded owners) except
Shibbi) as under: -
NAME AWARD AMOUNT REMARKS
NO.
Chau Khan 10/87-88 224936.32 Paid ch. No.82862
dated 30.09.1987
Shibbi 10/87-88 224936.32 Sent in RD
Bhagirath Lal 10/87-88 25071.3 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 31163.5 Paid vide
Ch.No.82861 dated
30.09.1987
Bhagirath Lal 10/87-88 25071.3 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 31163.5 Paid vide
Ch.No.82861 dated
30.09.1987
Bhagirath Lal 10/87-88 25071.3 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 31163.5 Paid vide
Ch.No.82861 dated
30.09.1987
Bhagirath Lal 10/87-88 8357.1 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 10387.69 Paid vide
Ch.No.82861 dated
30.09.1987
Bhagirath Lal 10/87-88 8357.1 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 10387.68 Paid vide
Ch.No.82861 dated
30.09.1987
Bhagirath Lal 10/87-88 8357 Paid vide
Ch.No.82860 dated
30.09.1987
Kalawati 10/87-88 10381.69 Paid vide
Ch.No.82861 dated
30.09.1987
9. That compensation with respect to the Khasra
Nos.453(1-2) has been sent to Revenue Deposit as under: -
NAME AWARD NO. AMOUNT REMARKS
Sanai 10/87-88 373956.64 Sent in RD
Chau Khan 10/87-88 10309.59 Sent in RD
Shibbi 10/87-88 10309.56 Sent in RD
Mohd. Yusuf 10/87-88 2577.40 Sent in RD
Mohd. Kha 10/87-88 2577.40 Sent in RD
Mohd. Sharif 10/87-88 2577.38 Sent in RD
"
5. In view of the above, the Court is of the opinion that there is an
admission that the acquisition of suit lands to the extent it is covered by
Khasra No. 453 (1-2) is deemed to have lapsed by virtue of operation of
Section 24 (2) of the Act of 2013. Though the Appropriate Government
states that the possession was taken on 14.07.1987, it's statement that the
compensation was deposited, does not comply with the letter of the law
as interpreted by the Supreme Court in Pune Municipal Corporation and.
Anr. v. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183.
Accordingly, this Court hereby declares that Khasra No.453 (1-2),
situated in the revenue estate of Village Sayoor Pur, District-South, New
Delhi is free from acquisition by reason of Section 24 (2) of the Act of
2013.
6. The writ petition is allowed in above terms. The pending
application also stands disposed of.
S. RAVINDRA BHAT
(JUDGE)
SUNIL GAUR
(JUDGE)
SEPTEMBER 11, 2017
s
