Delhi High Court
Anil Kumar Sharma & Ors. vs Govt. Of Nct Of Delhi & Ors. on 27 August, 2018
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 27th August, 2018
+ W.P.(C) 5053/2017
ANIL KUMAR SHARMA & ORS. ..... Petitioners
Through Mr. Sunil K. Goel with Mr. R.S.
Baghel, Advocates.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate for
L&B/LAC.
Ms. Mrinalini Sen with Ms. Kritika
Gupta, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. Counter affidavit of LAC has been handed over in Court. The same 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.1146 measuring 14 bighas 8 biswas, situated in the revenue
estate of village Mehrauli, District South, New 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
23.01.1965. Thereafter Section 6 declaration was made on 07.12.1966.
An Award bearing no.80-E/70-71 was rendered on 09.01.1981.
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 petitioners are entitled for
a declaration that the acquisition proceedings in respect of the subject
land are deemed to have lapsed.
5. Counter affidavit has been filed by the LAC. Para 5 of the counter
affidavit filed by the LAC reads as under:
"5. That it is submitted that the lands of village Mehrauli were
notified vide Notification under section 4 of the Land
Acquisition Act, 1894 dated 23.1.1965 which was followed
by the Notification under section 6 of the Act dated
7.12.66. The Award was also passed vide Award No.80-
E/70-71 dated 9.1.1981 however the possession of the land
falling in khasra number 1146 (14-08) could not be taken
due to built up nor the compensation be paid."
6. We have heard the learned counsels for the parties and considered
their rival submissions.
7. Reading of the counter affidavit filed by the LAC leaves no room for
doubt that no compensation has been tendered to the petitioners nor
possession of the subject land has been taken and thus, the necessary
ingredients of Section 24(2) of 2013 Act are accordingly met.
8. Having regard to the fact that neither compensation has been tendered
to the petitioners nor possession of the subject land has 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 27, 2018
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