Delhi High Court
Raj Rani Garg vs Lt Governor,Nct Of Delhi And Ors. on 15 February, 2018
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 15th February, 2018
+ W.P.(C) 11147/2015
RAJ RANI GARG ..... Petitioner
Through: Mr.Akhil Sachar, Advocate
versus
LT GOVERNOR,NCT OF DELHI AND ORS. ..... Respondents
Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi,
Advts. for LAC/L&B.
Mr.Dhanesh Relan and Ms.Akshita
Manocha, Advts. 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. The petitioner seeks a declaration that the acquisition
proceedings initiated with respect to land of the petitioner measuring 1
bigha out of Khasra no.50/6/2 (0-06) and 50/15 (0-14) min situated in
the revenue estate of village Pehladpur Bangar, National Capital
Territory of Delhi (hereinafter referred to as „the subject land‟) is
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 physical possession of the subject land has been taken
nor compensation has been tendered to the petitioner.
2. Counsel for the petitioner submits that a notification under Section 4
of the Land Acquisition Act, 1894 (hereinafter referred to as „the Act‟)
was issued on 21.03.2003. A Section 6 declaration was made on
19.03.2004 and thereafter an Award bearing no.06/2005-06/DC (N-W)
was rendered on 12.07.2005.
3. Counsel for the LAC has drawn the attention of the court to para 4 of
the counter affidavit, as per which the possession of the land
comprising in Khasra no.50//6/2 (1-04) and 50/15 (03-16) has not been
taken, however, possession of land comprising in Khasra no. 50/15
(01-00) has been taken on 31.08.2005 but compensation could not be
paid. The Delhi Development Authority (DDA) has also filed counter
affidavit, as per which possession of part of the land falling in Khasra
no.50//15 min (1-00) was handed over to the DDA by the LAC on
31.08.2005 and the possession was transferred to Engg. Department
RPD-IV for Rohini Residential Scheme and the compensation has
been remitted to the office of the Land and Building Department.
Additionally, it is pointed out by the counsel for the DDA that the land
acquired has been used for Green Belt within the Rohini Residential
Scheme. While counsel for the petitioner submits that only paper
possession has been taken and the petitioner continues to be in
possession of the land of the entire land. Counsel for the petitioner
further submits that even as per the stand of the respondents, out of the
total area of 1 bigha, possession has only been taken with respect to 14
biswas and even as per the respondents compensation has not been
tendered.
4. We have heard the learned counsel for the parties.
5. Paragraphs 4 of the counter affidavit filed by the LAC reads as under:
"4. That it is submitted that the lands of village Prehlad
Pur Bangar were notified vide notification under Section 4 of
the Land Acquisition Act, 1894 dated 21.3.2003 which was
followed by the Notification under section 6 of the Act dated
19.3.2004. The Award was also passed vide Award No.6/05-
06 dated 12.7.2005. The possession of the land falling in
khasra number 50//6/2 (1-04) and 50/15 (03-16) have not been
taken. However the possession of the land falling in Khasra
No- 50/15 (01-00) has been taken on 31.08.2005. The
compensation for the above said land also could not be paid."
6. Relevant portion of paragraph 4 (i) of the counter affidavit filed by the
DDA, reads as under:
"4 (i) ........Possession of land in question of Khasra
No.50//15 min (1-00) was handed over to the DDA by the
LAC/L&B Department on 31.08.2005. On the same very day
on 31.08.2005 Possession of land in question was transferred
to the Engg. Department RPD-IV for Rohini Residential
Scheme. Possession Proceedings dated 31.08.2005 of Village
Prahladpur Bangar with respect to notification of land in
question acquired vide Award No.06/2005-06 are
ANNEXURE R-1. Petitioner has no right, title or interest over
the land subject matter of the petition and the aforesaid award
has become final, binding and conclusive for all intents and
purposes."
7. Having regard to the stand taken by the respondents in their counter
affidavit, it is clear that the compensation has not been tendered to the
petitioner and only possession of 14 biswas has been taken which is
disputed by the counsel for the petitioner. Since the compensation has
not been tendered, the case of the petitioner would fall within the
scope of Section 24 (2) of the 2013 Act. Accordingly, it is held that
the acquisition proceedings pertaining to the land of the petitioner are
deemed to have lapsed. It is ordered accordingly. Needless to say that
if the land is required by the DDA, it will be open for the LAC to
acquire the land afresh considering that till date the land, possession of
which has been taken, has not been put to actual use.
8. The petition stands disposed of. No other ground has been urged.
C.M.28950/2015 (stay)
9. The application stands disposed of, in view of the order passed in the
writ petition.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
FEBRUARY 15, 2018
rb/
