Delhi High Court
Pankaj Gupta vs Land Acquisition Collector ... on 19 February, 2018
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgment :19th February, 2018
+ W.P.(C) 1979/2016
PANKAJ GUPTA ..... Petitioner
Through Mr. Anuroop P.S., Advocate.
versus
LAND ACQUISITION COLLECTOR (NORTH) & ORS
..... Respondents
Through Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate for
L&B/LAC.
Mr. Pawan Mathur, 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 proceeding
with respect to land of petitioner comprised in Khasra nos.87/14 (3-
11) and 87/17 (4-16), situated in the revenue estate of village Khera
Kalan, 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 physical
possession of the subject land has been taken nor compensation has
been tendered to the petitioner.
2. The necessary facts to be noticed for disposal of this writ petition are
that in this case a notification under section 4 read with section 17 (i)
of the Land Acquisition Act, 1894 („the Act‟ in short) was issued on
27.10.1999, a declaration under section 6 of the Act was made on
03.04.2000. Thereafter, an award bearing no.11/2002-03 was passed
on 30.05.2002.
3. Mr. Jain, counsel for LAC, submits that in this case neither the
possession of the subject land could be taken nor compensation could
be paid. Para 4 of the counter affidavit filed by LAC reads as under :
"4. That it is submitted that the lands of village Khera
Kalan were notified vide Notification under section 4 of
the Land Acquisition Act, 1894 dated 27.10.1999 which
was followed by the Notification under section 6 of the
Act dated 3.4.2000 and the Award was also passed vide
Award No. 11/2002-2003 dated 30.5.2002 as the same
was acquired for Rohini Residential Scheme however the
possession of the lands could not be taken nor the
compensation be paid."
4. Mr. Mathur, counsel for DDA also submits based on the averments
made in para 3 of the counter affidavit that physical possession of the
subject land could not be taken on account of existing of a temple over
the land. Para 3 of the counter affidavit filed by DDA reads as under :
"(3) I say that I am advised to make following
Preliminary Objections:
a) I say that the petitioner has no locus standi to institute the
present writ petition before this Hon‟ble Court. It is stated
that the petitioner has not placed before this Hon‟ble Court
any authentic document to show that the petitioner was the
owner of the land in question at the time of the issuance of
the notification under section 4 or section 6 of the „The Land
Acquisition Act, 1894‟ and as such the present writ petition
is liable to be dismissed.
It is stated that the petitioner has not placed before this
Hon‟ble Court any Khatauni or for that matter any Kasra
Girdawari before this Hon‟ble Court. This assumes
importance in view of the fact the possession of the land
falling in Khasra No. 87//14 (3-11) and 87//17 (4-12)
situated in the revenue estate of Village Khera Kalan, Delhi
which has been acquired vide Award No. 11/2002-03 dated
30.05.2005 could not be taken on account of the existence of
a temple there. It is stated that the possession of the khasras
the possession of which was not taken on 05.05.2000 was to
be taken later on after demolition."
5. We have heard the counsel for the parties.
6. Having regard to the fact that neither the physical possession of the
subject land has been taken nor compensation has been tendered to the
petitioner, in our view, the case of the petitioner is fully covered by
section 24 (2) of the 2013 Act. 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 8509/2016 (stay)
8. The application stands disposed of in view of order passed in the writ
petition.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
FEBRUARY 19, 2018/ck/
