Delhi High Court
Varsha Rani Garg vs Union Of India & Anr. on 12 March, 2018
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 12th March, 2018
+ W.P.(C) 4483/2016
VARSHA RANI GARG ..... Petitioner
Through: Mr.Triloki Nath Garg and Ms.Nishtha
Garg, Advocates
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi,
Advts. for LAC/L&B.
Mr.Arjun Pant, Adv. for DDA.
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. The petitioner seeks a declaration that the acquisition
proceedings initiated with respect to land of the petitioner measuring
400 sq. yds. out of Khasra Nos.61/9/2 & 61/12, Abadi known as Tikri
Kalan Extn. situated in the area of Tikri Kalan, Delhi (hereinafter
referred to as „the subject land‟) is deemed to have lapsed in view of
the provisions of Section 24 (2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (hereinafter referred to as the „2013 Act‟) as neither
possession of the subject land has been taken nor the compensation
has been paid.
2. Counsel for the petitioners submits that in this case a notification
under Section 4 of the Land Acquisition Act, 1894 (hereinafter
referred to as „the Act‟) was issued on 15.06.2006. A Section 6
declaration was made on 14.06.2007. Thereafter, an Award bearing
No.06/DC(W)/2007-08 was rendered by the Land Acquisition
Collector on 19.05.2015. Reliance is also placed on the counter
affidavit filed by the LAC, as per which, neither physical possession
of the subject land could be taken nor compensation has not been paid
in support of the submissions so made.
3. We have heard the learned counsel for the parties.
4. Para 4A of the counter affidavit filed by the LAC is reproduced as
under:
"4A. That it is submitted that the lands of village Tikri Kalan
were notified vide Notification under Section 4 of the Land
Acquisition Act, 1894 dated 15.6.2006 which was followed by
the Notification under Section 6 of the Act dated 14.6.2007.
The Award was also passed vide Award No.6/2007-08 dated
1.5.2008 however the physical possession of the subject land
falling in khasra number 61/9/2 and 61/12 could not be taken
nor the compensation have been paid."
5. Counter affidavit has also been filed by the DDA, Para 3(k) of which
is reproduced as below:
"3(k) I say that as per the claim of the petitioner that he is the
owner of land measuring 400 sq. yards bearing No.61//9/2 and
61//12, Abadi known as Tikri Kalan Extension, Village Tikri
Kalan, Delhi. It is submitted that as per the land record, the
said land bearing Khasra No.61//9/2 and 12 of Village Tikri
Kalan was notified under Section 4 dated 15.6.2006 and
Section 6 dated 14.6.2007 for public purpose for residential
space of the workers of PVC market under Planned
Development of Delhi under the provisions of the Land
Acquisition Act, 1894. After notifications, the land was
acquired vide Award No.6/DC(W)/2007-08. The physical
possession of the same has not been handed over to the DDA
by LAC/L&V Department, Govt. of NCT of Delhi for the
reason that the property is built up."
6. Having heard learned counsel for the parties and taking into
consideration the averments made by the LAC and DDA in their
counter affidavits, we are satisfied that neither physical possession of
the land has been taken nor compensation has been tendered.
Resultantly, the petitioners are entitled to a declaration that the
acquisition proceedings initiated under the Land Acquisition Act, 1894
with respect to the subject land are deemed to have lapsed. It is
ordered accordingly.
7. The petition stands disposed of.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
MARCH 12, 2018
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