Delhi High Court
Azad Singh And Ors. vs Union Of India And Anr on 27 February, 2018
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement: 27th February, 2018
+ W.P.(C) 2657/2017
AZAD SINGH AND ORS .....Petitioners
Through: Mr. Bhagwat Pershad Gupta, Advocate.
Versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Yeeshu Jain, Standing Counsel with
Ms. Jyoti Tyagi, Advocate for
L&B/LAC.
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 petitioners seeking a declaration that the acquisition
proceedings with respect to their 2/3rd share in land bearing Khasra
No.'s 118 (2-01), 123 (4-8), 134 (3-10), total measuring 09 Bigha
19 Biswas, situated in the revenue estate of village Behlolpur,
New Delhi (hereinafter referred as the 'subject land') stand 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 '2013 Act') as no
compensation has been paid to the petitioners or to the forefathers.
W.P.(C) 2657/2017 Page 1 of 3
3. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'Act') was issued on
23.06.1989 and a declaration under Section 6 was made on
22.06.1990. Thereafter, an award bearing no.15/1992-93 was
passed on 19.06.1992.
4. Mr. Bhagwat Pershad Gupta, learned counsel for the petitioners
submits that the physical possession of the land was taken on
21.04.2006 however as no compensation in respect thereof has
been paid, thus the petitioners would be entitled to a declaration
under Section 24 (2) of the 2013 Act.
5. Counsel for the petitioners has drawn the attention of the Court to
the counter affidavit filed by LAC wherein it has been
categorically stated that as per Statement-A and Naksha
Muntazamin, the compensation has not been paid.
6. Mr. Yeeshu Jain, counsel for the LAC submits that actual vacant
physical possession of the subject land was taken on 21.04.2006
and handed over to DDA, however there is no entry in Statement-A
and Naksha Muntazamin which reflects that the compensation has
been paid. Relevant portion of the counter affidavit filed by LAC
reads as under:-
"4. That it is submitted that the lands of village
Behlolpur Khadar were notified vide Notification
under section 4 of the Land Acquisition Act 1894
dated 23.6.1989 which was followed by Notification
under section 6 of the said Act vide Notification dated
22.6.1990. That it is submitted that the Land
Acquisition Collector also passed an Award No.15/92-
93. The actual vacant physical possession of the
W.P.(C) 2657/2017 Page 2 of 3
subject land falling in subject khasra numbers was
duly taken on 21.4.2006 and handed over to DDA on
the spot by preparing possession proceedings, stated
supra which fact is being admitted by petitioners at
page 10 para 7. However as per statement 'A' and
Naksha Muntazamin, the compensation appears to be
unpaid."
7. We have heard learned counsel for the parties. Taking into
consideration the submissions made and the categorical assertion
made in the counter affidavit filed by LAC that the compensation
has not been paid and since the award has been announced more
than five years prior to the commencement of the 2013 Act, the
petitioners are entitled to a declaration that the acquisition
proceedings initiated under the Land Acquisition Act, 1894 with
regard to their 2/3rd share of the subject land are deemed to have
lapsed. It is ordered accordingly.
8. The writ petition stands disposed of.
SANGITA DHINGRA SEHGAL, J.
G.S.SISTANI, J.
FEBRUARY 27 , 2018
//gr
