Ravinder Kumar vs Govt Of Nct Of Delhi And Ors
2018 Latest Caselaw 5110 Del

$~59
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                     Date of Judgment: 28th August, 2018
+       W.P.(C) 5633/2017 and CM No. 23564/2017

        RAVINDER KUMAR                                     ..... Petitioner
                           Through:      Mr Sunil K. Goel and Mr Lalit Kumar
                                         Rawal, Advs
                           versus

        GOVT OF NCT OF DELHI AND ORS                       ..... Respondents
                           Through:      Mr Yeeshu Jain, SC with Ms Jyoti
                                         Tyagi, Advs for L&B/LAC
                                         Mr Venkatesan, Adv 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 the Constitution of India filed

by the petitioner seeking a declaration that the acquisition proceedings with

respect to the land of the petitioner comprised in Khasra No. 578 (1-16) and

583/2 (0-4) total measuring 2 bighas, situated in the revenue estate of Village

Gokulpur, Delhi (hereinafter referred as the 'subject land') resulting from

Award No. 2004/1967 dated 29.09.1967 be declared as null and void and

also be 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 of the subject land has been taken nor compensation has

been paid to the petitioner.

2. In this case, a notification under Section 4 of the Land Acquisition

Act, 1894 (hereinafter referred to as 'Act') was issued on 24.10.1961 and a

declaration under Section 6 was made on 01.08.1966. Thereafter, an award

bearing no. 2004/1967 was passed on 29.09.1967 under Section 11 of the

Act.

3. The learned counsel for the petitioner submits that since the actual

physical possession of the subject land has not been taken and compensation

in respect thereof has not been paid, thus the petitioner would be entitled to a

declaration under Section 24 (2) of the 2013 Act.

4. Mr Yeeshu Jain, learned counsel for the LAC submits that the present

writ petition is not maintainable as the land in question has not been acquired

and thus no orders are required to be called for. He relies on para 4 of the

counter affidavit, which we reproduce below:-

"That it is submitted that the lands of village Gokulpur were notified vide Notification under Section 4 of the Land Acquisition Act, 1894 dated 24.10.1961 which was followed by the Notification under Section 6 of the Act dated 01.08.1966. The Award was also passed vide Award No. 2004/1967 dated 29.09.1967. The khasra number 578 (1-16) and 583/2 (0-04) are not acquired as per LR register."

5. We have heard the learned counsels for the parties.

6. As per the counter affidavit filed by the LAC the subject land has not

been acquired vide Award No. 2004/1967 dated 29.09.1967. Hence, no

orders are required to be passed.

7. Binding the respondent to the stand taken in the counter affidavit, the

writ petition along with the pending application is disposed of.

G.S.SISTANI, J.

SANGITA DHINGRA SEHGAL, J

AUGUST 28, 2018 / SU