Delhi High Court
Rohtash vs Union Of India And Anr. on 12 March, 2018
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement:12th March, 2018
+ W.P.(C) 2244/2017
ROHTASH .....Petitioner
Through: Mr. Samit Khosla, Advocate.
Versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Sachin Nawani Adv. for LAC/L&B
Deptt.
Ms. Ruchi Jain Adv for DDA.
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 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 petitioner seeking a declaration that the acquisition proceedings
with respect to land comprised in Khasra No. 25/6/2(1-4), 7/2(1-
4), 12(0-6), 13(4-13), 14(4-16), 15(4-16), 16(4-16), 17(4-16), 18(3-
0), 24(3-15), 25(4-16), 26/11/2(3-2), 19/2(1-8), 20(4-16), 21/1(1-
16),28(0-4), 46/4(0-13), 5/1(1-9), 319(2-13), 4/12/1(1-13), 26(0-4)
admeasuring 56 Bighas situated in the revenue estate of village
Bharthal, 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
the possession has not been taken by the respondents in respect to
the subject land.
3. In this case, a notification under Section 4 of the Land Acquisition
Act, 1894 (hereinafter referred to as 'Act') was issued on
13.12.2000 and a declaration under Section 6 was made on
07.12.2001. Thereafter, an Award bearing no. 26/2002-03 was
passed on 23.10.2002 with respect to the subject land.
4. The counsel for the petitioner submits that the petitioner has
received compensation including enhanced compensation with
respect to the subject land but the possession of the subject land
was not taken by the respondents. In these circumstances, the
petitioner would be entitled to a declaration under Section 24 (2) of
the 2013 Act.
5. Mr. Yeeshu Jain, learned Counsel for LAC submits that the
possession of the subject land has been taken over from the land
owners and handed over to DDA on 14.08.2002 and also as per
Statement A, the compensation with regard to the subject land is
paid to the recorded owner. Para 8 of the Counter affidavit filed by
the LAC, reads as under :-
"8. That in the present case, the possession of land
was taken over and handed over to the beneficiary
department, Delhi Development authority on
14.08.2002.
It is respectfully submitted that as per Statement A
Shri Rohtas S/o Shri Chottey was paid compensation
to the tune of Rs. 2,34,01,867 vide cheque No. 543030
dated 20.11.2002 after deducting TDS of Rs. 9,774/-.
10. It is pertinent to mention here that as per available
land acquisition record kh. No. 319(2-13) has not
been acquired vide award No. 26/2002-2003 of village
Bharthal."
6. Further, the Counter affidavit has also been filed by the DDA
wherein it has been categorically stated that the subject land has
been handed over to DDA by LAC and the subject land was
transferred to the Engineering Department, Dwarka for the Dwarka
Project and relevant portion of which reads as under :-
"i) I say that the physical possession of the acquired
land falliung in Khasra nos. mentioned in the Writ
petition total admeasuring 53 bighas 7 biswas situated
in Village Barthwal has been handed over to the
Respondent no. 2 Delhi Development Authority by the
LAC/Land & Building Department, Govt. of National
Capital Territory of Delhi on 14.08.2002. The land
has been further transferred to the Engineering
Department, Dwarka for the Dwarka Project. The
land falls in the Dwarka Project Sector-25 and
between the road in Sector 22 and 23 Dwarka, where
a road has already been constructed. Development
work of Dwarka Sector-25 is under process."
7. We have heard learned counsel for the parties.
8. Taking into consideration the counter affidavit filed by LAC as
well as DDA, it is clear that the actual physical possession of the
subject land was taken over by LAC except for Khasra
No. 319(2-13) as the same has not been mentioned under Section 4,
Section 6 and the Award bearing no. 26/2002-03, passed under the
Land Acquisition Act, 1894 and handed over to the DDA on
14.08.2002. The possession of the subject land was further
transferred by DDA to the Engineering Department and the same
has been utilized for the construction of road under the Dwarka
Project as well as the Development work of Dwarka Sector-25 is
also under process. Accordingly, the submission made by the
counsel for the petitioner that actual physical possession of the
subject land has not been taken is without force. As far as payment
of compensation is concerned, learned counsel for LAC submitted
that the compensation has already been paid to the petitioner and
the same is not disputed by the counsel for the petitioner.
Resultantly, the relief so claimed and pressed before this Court
cannot be granted.
9. Hence we are of the view that the present petition lacks merit and
is therefore dismissed.
10. The writ petition stands disposed of in the above terms.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
MARCH 12, 2018
