Delhi High Court
Krishan Sharma vs Govt Of Nct Of Delhi And Ors on 8 January, 2018
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 08th January, 2018
+ W.P.(C) 7006/2017
KRISHAN SHARMA ..... Petitioner
Through: Ms.Deepika V. Marwaha, Mr.Vinay
Kumar Shailendra, Mr.Wortting Kasar
and Mr.Vaibhav Prakash, Advocates.
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr.Pawan Mathur, Standing Counsel
for respondent/DDA.
Mr.Sanjay Kumar Pathak,
Mrs.K.Kaomudi Kiran Pathak and
Mr.Sunil Kumar Jha, Advocates for
respondent-L&B/LAC/GNCTD.
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 the Constitution of India filed
by the petitioner.
2. Counsel for LAC has handed over in court the counter affidavit. Copy
supplied to Ms.Marwaha, counsel for the petitioner.
3. Counsels for the parties submit that writ petition may be taken up
today for final hearing and disposal.
4. The petitioner claims to be the owner of land measuring 1 bigha
comprised in Khasra no.1454 min situated in revenue estate of village
Malikpur Kohi @ Rangpuri, New Delhi. A notification under Section
4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the
Act') was issued on 27.06.1996. A declaration under Section 6 was
made on 03.03.1997 and thereafter an Award bearing no.3/1998-
99/S.W was made on 26.02.1999. It is the case of the petitioner that
neither the physical possession of the subject land has been taken nor
compensation has been paid to the petitioner.
5. Counter affidavit which has been handed over in court and taken on
record has been examined. As per paras 8 & 9 of the counter affidavit,
neither the compensation has been paid nor physical possession has
been taken. Paras 8 & 9 read as under:
"8. That the vast tract of land including the subject land
comprised in Khasra no.1454 situated in revenue estate of village
Malikpur Kohi @ Rangpuri, New Delhi was notified vide notification
dated 27.06.1996 issued under Section 4 of the Old Act which was
followed by declaration issued under Section 6 of the Old Act on
03.03.1997 and Award No.03/98-99 was also made on 26.02.1999
with respect to the acquired land including the subject land.
9. That as regards possession, it is humbly submitted the
possession of the land comprised in Khasra no.1454 could not be
taken. So far as compensation is concerned the compensation amount
has not been received from requisitioning authority. Thus, the
compensation amount could not be paid to the interested persons".
6. We have heard the counsels for parties.
7. Taking into consideration the submissions made, we are of the view
that the case of the petitioner stands fully covered by the decision
rendered by the Supreme Court of India in the case of Pune
Municipal Corporation & Anr. v. Harakchand Misirimal Solanki &
ors., reported at (2014) 3 SCC 183 and the following other decisions
rendered by this court:-
(i) Union of India and Ors v. Shiv Raj and Ors., reported
at (2014) 6 SCC 564;
(ii) Sree Balaji Nagar Residential Association v. State of
Tamil Nadu and Ors, Civil Appeal no.8700/2013
decided on 10.09.2014;
(iii) Surender Singh v. Union of India & Others,
W.P.(C).2294/2014 decided on 12.09.2014 by this Court;
and
(iv) Girish Chhabra v. Lt. Governor of Delhi and Ors;
W.P.(C).2759/2014 decided on 12.09.2014 by this Court.
8. The award having been made more than five years after passing of the
Act, the petitioner is entitled to the declaration that the acquisition
proceedings qua the land of the petitioner stands lapsed, as neither
physical possession has been taken nor compensation has been
tendered. It is declared accordingly.
9. The writ petition is allowed.
CM No.29093/2017 (stay)
The application is disposed of, in view of order passed in the writ
petition.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
JANUARY 08, 2018
ssc
