Delhi High Court
Gita Sabharwal vs Govt. Of Nct Of Delhi & Ors. on 13 September, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: September 13, 2017
+ W.P.(C) 3442/2015 & C.M. 6154/2015
GITA SABHARWAL ..... Petitioner
Through: Ms. Iti Sharma & Mr. Puneet
Sharma, Advocates
Versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate for respondents
No.1 & 2-L&B/LAC
Mr. Sanjeev Sabharwal, Standing Counsel for
respondent No.3-DDA
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE SUNIL GAUR
S. RAVINDRA BHAT, J. (OPEN COURT)
1. The petitioner seeks a declaration that the suit lands i.e. Khasra No.
56 min, situated in Revenue Estate of Village Behlolpur, Tehsil Mehrauli,
Delhi are free from acquisition by reason of Section 24 (2) of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the
Act of 2013').
2. In the present case, the facts are that notification under Section 4 of
the old Land Acquisition Act (of 1894) was issued on 23rd June, 1989; the
declaration under Section 6 of the old Act was issued on 22 nd June, 1990.
After issuing notice and considering the material, the Collector published
the award on 19th June, 1992 to determine compensation. Learned counsel
for the petitioner argues that neither the compensation was paid nor
possession of the suit lands was taken.
3. Respondents i.e. the Government of NCT of Delhi in the counter
affidavit states as follows:-
"7. That it is submitted that under the above said
award 20 bighas 05 biswa of Khasra no. 56 min was
acquired out of which possession of 13 bighas and 04
biswas was taken on 27.12.1990, 4 bighas of land was
taken on 6.09.2006 and possession of 2 bigha was
taken and handed over to the beneficiary department
on 14.06.2006. The possession of remaining land was
not taken over as in 16 biswa of land there exist an
unauthorized Masjid and remaining 5 biswas of land
was excluded from the award. However, compensation
could not be paid as there was dispute."
4. It is quite clear that even though there was some dispute with
respect to extent of possession of lands taken, the assertion that
compensation was not paid, is unambiguous. In fact, the admission is that
compensation could not be paid. However, the stand of Government of
NCT of Delhi is utterly vague as to what was the kind of dispute and as to
whether deposit under Section 30 & 31 of the old Act was made in
accordance with law. Consequently, the benefit of Section 24 (2) of the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 in terms of judgment of
Supreme Court in Pune Municipal Corporation and. Anr. v. Harakchand
Misirimal Solanki and Ors., (2014) 3 SCC 183 deserves to be granted.
5. In view of the above, it is declared that Khasra No. 56 min to the
extent of 5 biswas situated in Revenue Estate of Village Behlolpur, Tehsil
Mehrauli, Delhi (the suit lands) are free from acquisition and the
acquisition is deemed to have lapsed by virtue 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 13, 2017
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