Delhi High Court
Swarup Narain Bhatnagar And Ors vs Govt. Of Nct Of Delhi And Ors. on 20 July, 2018
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgment: 20th July, 2018
+ W.P.(C) 1305/2016
SWARUP NARAIN BHATNAGAR & ORS. .....Petitioners
Through: Mr. Sanjay Goswami, Advocates.
Versus
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Sachin Nawani, Adv. for R-1 & 2.
Ms. Biji Rajesh, Adv. for
Mr. Gaurang Kanth, Advs. for EDMC.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S. SISTANI, J. (Oral)
1. With the consent of parties the matter is taken up 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 land of the petitioners falling in Khasra No.1796/651/
1 min admeasuring 10 Biswa 10 Biswansi (445.85 Sq. Meters),
situated at Circular Road, Chota Bazar, village Chandrawali @
Shahdara, Delhi (hereinafter referred to as the 'subject land') are
deemed to have 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
compensation has not been paid to the petitioners, although possession
of the subject land has been taken.
3. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'Act') was issued on 18.1.2006
and a declaration under Section 6 was made on 15.06.2006.
Thereafter, an award bearing no.04/2007-08/East was passed on
29.08.2007.
4. Mr.Sanjay Goswami, learned counsel for the petitioners submits that
since the compensation in respect of the subject land has not been
paid, the petitioner would thus be entitled to a declaration that the
acquisition proceedings with respect to land of the petitioner are
deemed to have lapsed under Section 24 (2) of the 2013 Act.
5. Mr. Sachin Nawani, learned counsel for the LAC submits that actual
vacant physical possession of the subject land has been taken on
26.08.2010 however, the details of disbursement of compensation to
the interested persons are not available.
6. We have heard learned counsels for the parties.
7. Admittedly, the possession of the subject land has been taken over by
the Government. As per counter affidavit filed by LAC, possession of
the subject land has been taken on 26.08.2010 however the
compensation has not been paid. Relevant portion of counter affidavit
filed by LAC reads as under:
"7. That in the present case, the possession was taken over
and handed over to the beneficiary on 26.8.2010. The
compensation to the tune of Rs.7,53,365/- and Rs.7,51,277/-
total amounting to Rs.15,04,642/- received from the
beneficiary on 12.2.2008 and 16.4.2008 respectively, however
as per available records, the details of disbursement of
compensation to the interested person are not available."
8. Despite several opportunities having been granted to respondent
No.3/EDMC, no counter affidavit has been filed.
9. Taking into consideration the submissions made and the categorical
stand taken by the LAC in the counter affidavit that details of
disbursement of compensation to the interested person are not
available and also the award having been announced more than five
years prior to the commencement of the 2013 Act, in our view, the
petitioners are entitled to a declaration that the acquisition
proceedings initiated under the Act with regard to the subject land are
deemed to have lapsed. It is ordered accordingly. However, as the
possession of the subject land has been put to use, the petitioners
would only be entitled to compensation as per the 2013 Act, which
shall be paid to the petitioners within one year from today.
10. Resultantly, the writ petition is disposed of in the above terms.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
JULY 20, 2018 /SU
