Delhi High Court
Shri Satwant Singh And Ors. vs Land And Building Department And ... on 27 August, 2018
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 27th August, 2018
+ W.P.(C) 10266/2017
SHRI SATWANT SINGH AND ORS. ..... Petitioners
Through Mr. N.S Dalal, Advocate.
versus
LAND AND BUILDING DEPARTMENT AND ANR.
..... Respondents
Through Mr. R.K. Sharma, Advocate for
L&B/LAC.
Mr. Dhruv Tamta, 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 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.54/15/2 measuring 1 bigha 7 biswas, having 1/4th share,
situated in the revenue estate of village Rithala, 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 compensation has not
been tendered to the petitioners although possession of the subject
land has been taken.
2. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'the Act') was issued followed by
a Section 6 declaration. An Award bearing no.1016/1985-86 was
rendered on 10.09.1985.
3. Counsel for the petitioners submits that in this case compensation has
not been tendered to the petitioners and thus, petitioners are entitled
for a declaration that the acquisition proceedings in respect of the
subject land are deemed to have lapsed.
4. Counter affidavit has been filed by the LAC. Para 7 of the counter
affidavit filed by the LAC reads as under:
"7. That Khasra No.54//15/2 total admeasuring 1 bigha 7
biswas situated at the revenue estate of village Rithala New
Delhi was notified under section 4 of Land Acquisition Act
and followed by declaration under section 6 of Land
Acquisition Act for public purpose i.e. for planned
development of Delhi. In pursuance of said notifications,
notices under section 9 & 10 as provided under the Act,
were issued to the interested persons, inviting the claims
from all the interested persons and claims were filed by the
interested persons. The then Land Acquisition Collector
passed Award no.1016/1985-86 dated 10.09.1985 after
considering the claims of the claimants. It is submitted that
the possession of the lands being subject matter of this
petition has been taken by Government on 19.09.1985 but
the compensation of Rs.6,377/- has been paid to Sh. Karam
Singh s/o Sh. Bhim Singh (1/4th share) vide voucher no.145
dated 22.11.2004. It is submitted that compensation has not
been paid to the predecessors of petitioners (recorded
owner) as per the records of answering respondent."
5. We have heard the learned counsels for the parties and considered
their rival submissions.
6. Reading of the counter affidavit filed by the LAC leaves no room for
doubt that compensation has not been tendered to the petitioners and
thus, one of the two necessary ingredients of Section 24(2) of 2013
Act is accordingly met.
7. Having regard to the fact that no compensation has been tendered to
the petitioners 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.
8. The writ petition stands disposed of.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
AUGUST 27, 2018
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