Delhi High Court
Rajendra Singh vs Govt. Of Nct Of Delhi And Ors. on 12 February, 2018
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgment :12th February, 2018
+ W.P.(C) 6277/2015
RAJENDRA SINGH ..... Petitioner
Through Mr. Sandeep Srivastava with Mr.
Yuvraj Mishra, Advocates.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate for
L&B/LAC.
Mr. Parvinder Chauhan & Mr. Nitin
Jain, Advocates for R-3/DUSIB.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. With consent of the parties, the present writ petition is set down for
final hearing and disposal.
2. 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 land of petitioner comprised in Khasra no.24/7 (4-0),
situated in the revenue estate of village Ghevra, Tehsil North West,
Delhi (hereinafter referred to as the „subject land‟) stands lapsed in
view of section 24(2) of Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as „2013 Act‟) as neither compensation has not
been tendered to the petitioner nor possession has been taken.
3. In this case, a notification under section 4 of Land Acquisition Act,
1894 („the Act‟ in short) was issued on 06.02.2003 and a declaration
under section 6 of the Act was made on 30.04.2004. Thereafter, an
award bearing no.6/2004-05 was passed on 26.06.2004.
4. Mr. Jain, counsel for LAC has placed reliance on para 4 of the counter
affidavit and submits that in this case neither physical possession of
the subject land has been taken nor compensation has been tendered.
Para 4 of the counter affidavit filed by LAC reads as under :-
"4. That it is submitted that the lands of village
Ghevra were notified vide Notification under section 4 of
the Land Acquisition Act, 1894 dated 06.02.2003 which
was followed by the Notification under section 6 of the Act
dated 30.04.2003. The Award was also passed vide Award
No.06/03-04 dated 26.6.2004. It is submitted that however
the possession of the subject land falling in khasra number
24//7 min (4-00) could not be taken nor the compensation
could be paid whereas for remaining part of the said khasra
number i.e. 16 biswa, the compensation stood paid to the
petitioner."
5. Counsel for the petitioner submits that in view of section 24 (2) of
2013 Act, the acquisition proceedings are deemed to have lapsed as
admittedly neither possession of the subject land has been taken nor
compensation has been tendered to the petitioner.
6. We have heard learned counsel for the parties. Reading of the counter
affidavit filed by LAC leaves no room for doubt that in this case
neither possession has been taken nor compensation has been tendered
to the petitioner. Thus, the petitioner would be entitled to a declaration
in view of section 24 (2) of 2013 Act that the acquisition proceedings
with respect to the subject land would deem to have lapsed.
Resultantly, the writ petition is allowed. It is declared that the
acquisition proceedings with respect to the subject land stand lapsed.
7. The writ petition is disposed of.
CM APPL 11409/2015 (stay)
The application stands disposed of in view of order passed in the writ
petition.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
FEBRUARY 12, 2018/ck/
