Delhi High Court
Sanjeev Mathur And Ors. vs Union Of India And Anr. on 27 February, 2018
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement:27th February, 2018
+ W.P.(C) 6200/2016
SANJEEV MATHUR & ORS. .....Petitioners
Through: Mr. S. Chaturvedi with Ms. Ruchi Bansal
Advocates.
Versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms. Ruchika Rathi for L&B/LAC,
Advocates.
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 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 Bigha 5
Biswas comprised in Khasra No. 17/21/2(2-03) situated in the
revenue estate of village Pansali, 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 (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.
W.P.(C) 6200/2016 Page 1 of 3
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 21.03.2003.
Section 6 declaration was made on 18.03.2004 Thereafter an
Award bearing no. 14/2005-06/DC/NW was passed by Land
Acquisition Collector on 17.08.2005.
4. Mr. S. Chaturvedi, learned counsel for the counsel for the
petitioners submits that since the physical possession of the land
has not been taken and compensation in respect thereof has not
been paid, the petitioner would be entitled to a declaration under
Section 24 (2) of 2013 Act.
5. On the other hand, Ms. Ruchika Rathi, learned counsel appearing
for LAC submits that neither the possession of the subject land
could be taken nor the compensation was paid. Relevant Para of
the counter affidavit filed by LAC reads as under:
"5. That it is submitted that the lands of village
Pansali were notified vide Notification under Section
4 of the Land Acquisition Act,1894 dated 21.03.2003
which was followed by the Notification under Section
6 of the Act dated 18.03.2004. The Award was also
passed vide Award No. 14/05-06 dated 17.8.2005
whereby besides other lands, the land of the
petitioners falling in khasra number 17/21/2 min(2-
03) was also notified. It is submitted that out of the
notified land measuring (2-03), the actual vacant
physical possession of 18 biswa was taken and the
compensation was also paid for which there is no
dispute by the petitioners. However, the possession of
remaining land measuring (1-05) which is a subject
matter of the present writ petition could not be taken
nor the compensation been paid."
W.P.(C) 6200/2016 Page 2 of 3
6. Counter affidavit has also been filed by the DDA, relevant portion
of which reads as under :-
"(c)That out of above said area of 2 bigha and 3
biswas of Khasra No. 17/21/2 the physical possession
of only 18 biswas i.e. Khasra No. 17/21/2 min (0-18)
was handed over to DDA by LAC/L&B department on
23.112005. However, the physical possession of the
area (1-05) i.e. 1 Bigha and 5 biswas was not handed
over to DDA by LAC as mentioned in possession
proceedings. Thus the aforesaid land vested in DDA
on 23.11.2005 without any encumbrance. A copy of
the possession proceedings dated 23.11.2005 are
annexed herewith as Annexure R-3/1."
7. We have heard learned counsel for the parties.
8. Having regard to the submissions made and the categorical
assertion made in the counter affidavit filed by LAC that neither
the possession of the subject land has not been taken nor the
compensation in that regard has been paid and since, the award
having been announced more than five years prior to the
commencement of the 2013 Act, the petitioner is entitled to a
declaration that the acquisition proceedings initiated under the
Land Acquisition Act, 1894 with regard to the subject land are
deemed to have lapsed. It is ordered accordingly.
9. The writ petition stands disposed of in the above terms.
SANGITA DHINGRA SEHGAL, J.
G.S.SISTANI, J.
FEBRUARY 27, 2018 gr//
