Delhi High Court
Surinder Kumar Puri vs Govt Of Nct Of Delhi & Ors. on 20 April, 2018
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement:20thApril, 2018
+ W.P.(C) 2078/2016
SURINDER KUMAR PURI ....Petitioner
Through: Mr. N. S. Chechi, Advocate.
Versus
GOVT OF NCT OF DELHI & ORS. .....Respondents
Through: Ms. Astha Tyagi with Mr. Dinesh
Chander, Advocate for L&B/LAC.
Mr. Ajinkya Tiwari Advocate for Mr.
Karktik Jindal, Advocate for DDA.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI,J (Oral)
1. Pleadings are complete. The Writ Petition is set down for final
hearing and disposal.
2. This is a petition under Article 226 of Constitution of India filed by
the petitioner seeking a declaration that the acquisition proceedings
in respect to his 1/3rd share i.e. 1 bigha 1 biswa out of total
measuring 3 bighas 3 biswas comprised in Khasra No. 1255/4,
situated in the revenue estate of village Malikpur, New Delhi
(hereinafter referred as the 'subject land') stand lapsed in view of
Section 24(2) of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as '2013 Act') as neither the possession of
W.P.(C) 2078/2016 Page 1 of 4
the aforesaid land has been taken nor compensation has been paid
to the petitioner.
3. The necessary facts to be noticed for disposal of this writ petition
are that a Section 4 notification of the Land Acquisition Act, 1894
(hereinafter referred to as 'the Act') was issued on 27.06.1996.
Section 6 declaration was made on 10.1.1997. Thereafter an Award
bearing no. 02/98-99 was passed by Land Acquisition Collector on
06.01.1999.
4. Mr. N. S. Chechi, learned counsel for the counsel for the
petitioners submits that since the physical possession of the land
has not been taken and compensation in respect thereof has not
been paid, the petitioner would be entitled to a declaration under
Section 24 (2) of 2013 Act.
5. On the other hand, Ms. Aastha Tyagi, learned counsel appearing
for LAC submits that the possession of the subject land has been
taken over on 31.12.2013 and handed over to DDA through L&B
Department. The compensation with respect thereof could not be
paid to the petitioner as the same was not received in the concerned
Bank Account. Relevant Para of the counter affidavit filed by LAC
reads as under:
"7. That as per the land revenue record the
possession of the land in question was taken over on
31/12/2013 and the possession was handed over to
D.D.A. through L&B Department.
8. That the compensation amount h as not been paid
to the Petitioner as the same was not revived in bank
account of LAC New Delhi District. "
W.P.(C) 2078/2016 Page 2 of 4
6. Counter affidavit has also been filed by the DDA, relevant portion
of which reads as under :-
"(f) I say that the physical of the said land i.e. land
of the Khasra No. 1134(04-16), 1225/2(03-09),
1228/2(04-02), 1231min(02-05), 1255(04-09),
1255/3(02-05), 1255/4(02-05),1260(04-10),1261(03-
08), 1262(05-19),(06-03),1264(04-10), 1265(04-14),
1266(04-02),1271(05-00), 1272(04-16),1273(04-
16),1274(04-12),1275(04-16), 1396(04-13),1397(04-
10),1242(02-07),1243(02-00), 254(00-09), 1181(01-
04), 1256/1(02-10), 1256/2(05-01),1328(02-16),
1329 total area measuring 113 bigha 05 biswas of
Village Malikpur Kohli @ Rangpuri including land
in question has been handed over to DDA by the
Land Acquisition/Land and Building Department,
Govt. of NCT of Delhi vide possession vide
possession proceedings dated 28/12/2013,
30.12.2013 with respect to Award No. 02/1998-99
dated 06.01.1999. The said land has been further
handed over to the AE/SWD-4 on the same date."
7. We have heard learned counsel for the parties.
8. Having regard to the submissions made and the categorical
assertion made in the counter affidavit filed by LAC that the
compensation in respect of the land of the petitioner admeasuring 1
Bigha 1 Biswa comprised in Khasra No. 1255/4 has not been paid
and since, the award having been announced more than five years
prior to the commencement of the 2013 Act, the petitioner is
entitled to a declaration that the acquisition proceedings initiated
under the Land Acquisition Act, 1894 with regard to the subject
land are deemed to have lapsed. It is ordered accordingly.
W.P.(C) 2078/2016 Page 3 of 4
9. The writ petition stands disposed of in the above terms.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
APRIL 20, 2018
Gr//
