Delhi High Court
Om Prakash And Ors vs Union Of India And Ors. on 1 February, 2018
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement: 1st February, 2018
+ W.P.(C) 591/2015
OM PRAKASH & ORS. .....Petitioners
Through: None.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Bhagvan Swarup Shukla, CGSC with
Mr. Kamaldeep, Advocate for UOI.
Mr. Yeeshu Jain, Standing Counsel for
LAC/L&B with Ms. Jyoti Tyagi, Advocates.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S. SISTANI, J. (Oral)
1. None has been appearing for the petitioner despite the matter has been
passed over once and called for the second time.
2. This is a petition under Article 226 of Constitution of India filed by
the petitioner seeking a declaration that the acquisition proceedings
with respect to land of the petitioners comprised in Khasra No.43,
measuring 3 Bigha 12 Biswas, situated in the revenue estate of Village
Mahipalpur, 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 the
compensation has not been tendered.
3. A Section 4 notification of the Land Acquisition Act, 1894
(hereinafter referred to as 'the Act') was issued on 23.01.1965. A
declaration under Section 6 of the Act was made on 07.12.1966.
Thereafter, an Award bearing No. 2182-C (Supp.) was passed by
Land Acquisition Collector on 29.04.1974.
4. It is the case of the petitioner that the compensation with respect to
subject land has not been paid even though the possession of the
subject land has been taken over.
5. Mr. Jain , learned counsel appearing for LAC has drawn the attention
of the Court to para 4A of the counter affidavit, which reads as under:
"4. That it is submitted that the lands of village Malik
Pur Kohli @Rangpuri were notified vide Notification
under Section 4 of the Land Acquisition Act, 1894 dated
23.1.1965 which was followed by the Notification under
Section 6 of the Act dated 7.12.1966. The Award was also
passed vide Award No. 2182-C (Supp) dated 29.4.1974.
The actual vacant physical possession of the subject land
falling in khasra number 43 (3-12) in village Mahipal
Pur was taken on the spot vide possession proceedings
dated 4.10.1974 and the compensation for the said land
has also been paid to the recorded owner/s on 8.1.1975
as recorded in the Naksha Muntazamin."
6. Having regard to the fact that the possession of the subject land has
been taken on 04.10.1974 and the compensation has also been paid to
the recorded owners on 08.1.1975, the acquisition proceedings qua the
subject land stand completed. Hence, we are of the view that the
present petition lacks merit. Since, none is present on behalf of the
petitioner, the present writ petition is dismissed for non appearance
and non prosecution.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
FEBRUARY 01, 2018
gr
