Delhi High Court
Diwan Singh Yadav vs Govt. Of Nct Of Delhi And Ors. on 26 February, 2018
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement:26th February, 2018
+ W.P.(C) 11391/2016
DIWAN SINGH YADAV .....Petitioner
Through: Mr. M.P. Bhargava Advocate.
Versus
GOVT. OF NCT OF DELHI AND ORS. ....Respondents
Through: Mr. Siddharth Panday Advocate for
LAC/L&B/R-2, Mr. Pawan Mathur
Advocate for DDA/R-3.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
SANGITA DHINGRA SEHGAL, J (ORAL)
1. With the 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
in respect of the land of the petitioner admeasuring 1/6 th share out
of 37 Bighas 16 Biswas comprised in Khasra No. 341(4-05),
343(03-08), 344(09-04), 345(03-01), 346(14-11), 347(01-02) and
348(02-05) (i.e. 03 Bighas 15 Biswas and 6 Marla), situated in the
revenue estate of village Ladha Sarai, Tehsil Mehrauli, New Delhi
(hereinafter referred as the 'subject land') stand lapsed in view of
Section 24(2) of Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
W.P.(C) 11391/2016 Page 1 of 4
(hereinafter referred to as '2013 Act') as neither the possession of
the aforesaid land has been taken nor compensation has been paid
to the petitioner.
3. The necessary facts to be noticed for disposal of this writ petition
are that a Section 4 notification of the Land Acquisition Act, 1894
(hereinafter referred to as 'the Act') was issued on 23.01.1965.
Section 6 declaration was made on 06.01.1969. Thereafter an
Award bearing no. 64/1983-84 was passed by the Land Acquisition
Collector on 20.10.1983. Learned counsel for the petitioner
contends that neither the possession of the aforesaid land has been
taken nor compensation has been paid. Moreover, enhanced
compensation, as per the order dated 12.05.2008 passed by this
court in LAC No.159/2007, was also not paid to the petitioner.
Hence, the petitioner would be entitled to a declaration under
Section 24 (2) of the Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as 'the New Act').
4. On the other hand, Mr. Yeeshu Jain, learned counsel appearing for
LAC submits that the possession of the subject land has been taken
over and the compensation has been deposited with the Court of
concerned ADJ. Relevant Para(s) of the counter affidavit filed by
LAC reads as under:
"7 That in the present case, the possession of the
above mentioned lands were taken over and handed
over to the beneficiary department on 26/10/1983. As
per the Statement-A the status of compensation is as
under:-
W.P.(C) 11391/2016 Page 2 of 4
S.No. Name Amount Remarks
1. Balam Singh 37324.85 Sent to ADJ
2. Deevan Singh 37324.84 vide Ch.No.
3. Chand Kaur 37324.85 OA121210
dated 09.11.83
4. Sarbati 37324.84 for
5. Mohar Kaur 37324.85 Rs.261273.91
6. Asharfi 37324.84
7. Girdari 37324.84
9. That it is humbly submitted that in the present case
provisions of Section 24 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 would not
be applicable as the possession of land in question has
already been taken over by the Government and
handed over to the beneficiary department and the
compensation has been deposited with the court of
concerned ADJ, thus the land is free from all
encumbrances whatsoever."
5. We have heard learned counsel for the parties.
6. Reading of the counter-affidavit filed by the LAC as well as the
perusal of the record, shows that the possession of the subject land
admeasuring 1/7th share out of 37 Bighas 16 Biswas comprised in
Khasra No. 341(4-05), 343(03-08), 344(09-04), 345(03-01),
346(14-11), 347(01-02) and 348(02-05)(i.e. 03 Bighas 15 Biswas
and 6 Marla), situated in the revenue estate of village Ladha Sarai,
Tehsil Mehrauli, New Delhi was duly taken over and handed over
to the beneficiary department on 26.10.1983 and the compensation
with respect to the above mentioned land, has been deposited with
W.P.(C) 11391/2016 Page 3 of 4
the Court of ADJ vide Cheque No. OA121210 on 09.11.1983.
Resultantly, the relief so claimed based on Section 24(2) of the
2013 Act cannot be granted.
7. Hence we are of the view that the present petition lacks merit and
is liable to be dismissed.
8. The writ petition stands disposed of in the above terms.
SANGITA DHINGRA SEHGAL, J.
G.S.SISTANI, J.
FEBRUARY 26, 2018
