Delhi High Court
Veer Wati And Ors vs The Land Acquisition Collector on 16 August, 2018
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 16th August, 2018
+ W.P.(C) 2714/2017
VEER WATI AND ORS ..... Petitioners
Through Mr. Bhagwat Prashad Gupta,
Advocate.
versus
THE LAND ACQUISITION COLLECTOR ..... Respondent
Through Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate, for
L&B/LAC.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. Counter affidavit filed on behalf of LAC has been returned under
objections. Mr. Yeeshu Jain, counsel for the LAC has handed over the
counter affidavit in Court, which is taken on record.
2. This petition has been filed by the petitioners under Article 226 of the
Constitution of India seeking a declaration that the acquisition
proceedings initiated in respect of the land of petitioners comprised in
Khasra no.142/1 measuring 11 bighas 12 biswas, situated in the
revenue estate of village Kotla, 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 the '2013 Act'), as neither compensation has been
tendered to the petitioners nor possession of the subject land has been
taken.
3. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'the Act') was issued on
13.11.1959. Thereafter a Section 6 declaration was made on
20.06.1966. An Award bearing no.19/1976-77 was rendered on
05.01.1977.
4. Counsel for the petitioners submits that in this case neither
compensation has been tendered to the petitioners nor possession of
the subject land has been taken and thus, the acquisition proceedings
initiated in respect of land of the petitioners are liable to be lapsed in
view of Section 24(2) of 2013 Act.
5. Counter affidavit has been filed by the LAC. Relevant portion of para
4 of the counter affidavit filed by the LAC reads as under:
"4. ............Note :- Total area of Khasra no.142 is (32-17).
The Road is in area (3-3). The area (29-14) is acquired vide
Award no.19/76-77 of village-Kotla. The Possession of
area (18-2) has been taken over by concerned department
and area 11-12 has not been taken over due to built up as
per available record."
6. We have heard the learned counsel for the parties and considered their
rival submissions.
7. Reading of the counter affidavit filed by the LAC leaves no room for
doubt that possession of the subject land i.e. 11 bigas 12 biswas has
not been taken due to the area being built up and thus, one of the two
necessary ingredients of Section 24(2) of 2013 Act is accordingly met.
We are also informed that compensation has not been tendered.
8. Having regard to the fact that no compensation has been tendered to
the petitioners and also possession of the subject land has not been
taken and since the Award having been announced more than five
years prior to the commencement of the 2013 Act, the case of the
petitioner is covered by the provisions of Section 24(2) of the 2013
Act, thus, the petitioners are 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.
9. The writ petition stands disposed of.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
AUGUST 16, 2018
ck
