Delhi High Court
Raghuvinder Yadav And Anr vs The Lt. Governor, National ... on 9 August, 2018
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 9th August, 2018
+ W.P.(C) 7962/2016
RAGHUVINDER YADAV & ANR ..... Petitioners
Through: Mr.Akhil Sachar and Ms.Sunanda, Advs.
versus
THE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF
DELHI & ORS ..... Respondents
Through: Ms.Astha Tyagi, Advocate for L&B/LAC.
Mr.Dhanesh Relan, Standing Counsel with
Ms.Kajri Gupta, Advocate for DDA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. This is a petition under Article 226 of Constitution of India filed by
the petitioners seeking a declaration that the acquisition proceedings
pertaining to the land of the petitioners admeasuring 1786 sq. yards out of
Khasra No.50/4 (0-8) 50/7(1-7.1/2) situated in the revenue estate of Village
Pehladpur Bangar, National Capital Territory of Delhi, (hereinafter referred
to as the 'subject land') are deemed to have lapsed in view of Section 24(2) of
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013
Act') as neither physical possession has been taken nor compensation has
been paid to the petitioners.
2. Mr.Akhil Sachar, learned counsel for the petitioners submits that in
this case, a notification under Section 4 of the Land Acquisition Act, 1894
(hereinafter referred to as 'Act') was issued on 21.03.2003 and a declaration
under Section 6 was made on 19.03.2004. Thereafter, an award bearing no.
06/2005-06/DC(N-W) was passed under Section 11 of the Land Acquisition
Act, 1894 on 27.06.2005/12.07.2005.
3. Counsel for the LAC submits that the additional affidavit is ready and
the same has been handed over in Court and taken on record.
4. It is the case of the petitioners that neither the physical possession of
their subject land has been taken nor compensation has been paid. While
relying on the counter affidavit filed by the LAC, learned counsel for the
petitioners submits that the government could neither take the possession of
the land in question nor pay compensation to the petitioners and thus, the
petitioners would be entitled to a declaration that the acquisition proceedings
are deemed to have lapsed in view of Section 24 (2) of the 2013 Act.
Paragraph 6 of the counter affidavit filed by the LAC reads as under:-
"That in the earlier counter affidavit it was inadvertently
stated that the possession of the land in question has not
been taken. The respondent herein tenders sincere apology
as the same was not intentional or deliberate but happened
inadvertently. That the land bearing Khasra No.50/4(2-8),
50/7(4-16) has been acquired. Out of which, the possession
of land bearing Khasra no.50/4(1-3) 50/7(1-2) situated in
village Pehladpur Bangar was taken on 31.08.2005. The
compensation for acquired land bearing Khasra No.50/7
(0-18) has been paid to its recorded owner."
5. Counter affidavit has also been filed by the DDA, relevant portion of
which reads as under:-
"After Notifications land in question has duly and legally
been acquired vide Award No.06/2005-06/DC/NW.
Physical possession of land of Khasra No.50//4m (1-03),
50//7m (1-02) was handed over by the LAC/L&B
Department to the DDA on 31.08.2005. Possession of
Khasra No.50//4m (1-05) and 50//7m (3-14) was not
handed over by the LAC/L&B Department to the DDA
due to built up. The land in question has been transferred
to AE/RPD-IV/DDA on 31.08.2005 for Rohini Residential
Scheme. Possession proceedings of Village Prahladpur
Bangar dated 31.08.2005 acquired by the Award
No.6/2005-06 are annexed hereto and marked as
Annexure-R-1".
6. We have heard learned counsels for the parties and perused the
material available on record.
7. Reading of the counter affidavit filed by the LAC shows that in
Khasra No.50/4, out of 2 Bighas and 8 Biswas possession of 1 Bigha and 3
Biswas has been taken and in Khasra No.50/7, out of 4 Bighas and 16
Biswas possession of 1 Bigha and 2 Biswas has been taken and
compensation only with respect to Khasra No. 50/7 (0-18) has been paid.
However, compensation with respect to Khasra No.50/4 has not been paid
and thus, the necessary ingredients of Section 24(2) of 2013 Act are
accordingly met.
8. Having regard to the submissions made and the stand taken by the
LAC in the counter affidavit, we are of the considered view that one of the
necessary ingredients for the application of Section 24 (2) of 2013 Act stands
satisfied. Since the award having been announced more than five years prior
to the commencement of the 2013 Act, the petitioners are entitled to a
declaration that the acquisition proceedings initiated under the Act with
regard to the subject land are deemed to have lapsed. It is ordered
accordingly.
9. The writ petition stands disposed of in above terms.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
AUGUST 9, 2018
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