Delhi High Court
Ratan Singh vs Govt Of Nct Of Delhi And Ors on 28 August, 2018
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 28th August, 2018
+ W.P.(C) 5169/2016
RATAN SINGH ..... Petitioner
Through: Mr Sunil K. Goel, Adv
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr Rajneesh Sharma, Adv for LAC
Ms Rukhmini Bobde, 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 Constitution of India filed by
the petitioner seeking a declaration that the acquisition proceedings with
respect to 1/21st share of the land of the petitioner admeasuring 7 biswas
comprised in Khasra No. 255/2(5-16) and 271/2 min (0-14) situated in the
revenue estate of Village Ghonda Gujran Khadar, Shahdara, Delhi
(hereinafter referred 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 the compensation in respect thereof has not
been paid to the petitioner although physical possession of the subject land
has been taken over.
2. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'Act') was issued on 23.06.1989 and a
declaration under Section 6 was made on 20.06.1990. Thereafter, an award
bearing no.8/1992-93 was passed on 19.06.1992 under Section 11 of the Act.
3. Mr. Goel, learned counsel appearing for the petitioner, has drawn the
attention of the Court to para 8 of the counter affidavit filed by the LAC as
per which compensation has not been paid to the petitioner. In this
circumstance, learned counsel for the petitioner submits that the petitioner
would be entitled to a declaration under Section 24(2) of the Act.
4. Mr Yeeshu Jain, learned counsel for the LAC, submits that possession
of the subject land has been taken over and handed over to the beneficiary
department on 21.03.2007. However, the compensation was not paid to the
petitioner. Para 8 of the counter affidavit filed by the LAC reads as under:-
"8. It is respectfully submitted that the compensation was not
received by the petitioner however the compensation of the
same khasra No. has been received by the co-owners."
5. Learned counsel for the DDA, submits that physical possession of the
subject land had been handed over to DDA by L&B / LAC on 21-03-2007
and the same was further transferred to JE/SDV/ED-2 on 19.09.2007. The
relevant portion of the counter affidavit filed by the DDA reads as under:-
"It is submitted that the physical possession of the land
bearing Khasra No. 255/2 (5-16) and 271/2 min has been
handed over to DDA by L&B / LAC on 21.03.2007 and some
further transferred to JE/SDV/ED-2 on 19.09.2007....
The compensation of Rs. 4,10,04,583/- in respect of the
said Award has also been handed over to L&B Deptt. Vide
cheque No. 088808 dated 28.02.2007."
6. We have heard learned counsels for the parties.
7. Having regard to the categorical stand taken in the counter affidavit
filed by the LAC that compensation has not been paid to the petitioner, and
also taking into consideration the fact that the award having been announced
five years prior to the commencement of the 2013 Act, in our view, the
petitioner is entitled to a declaration that the acquisition proceedings in
respect of the subject land are deemed to have lapsed. Counsel for the
petitioner has only prayed for compensation as per this Act of 2013. It is
ordered accordingly. Compensation be paid to the petitioner within one year
from today.
8. The writ petition stands disposed of in above terms.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
AUGUST 28, 2018
SU
