Delhi High Court
Somenti Devi Verma And Ors. vs Govt Of Nct Of Delhi And Ors on 14 March, 2018
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Judgement:14th March, 2018
+ W.P.(C) 4494/2015
SOMENTI DEVI VERMA AND ORS. ...Petitioners
Through: Mr. K.S. Kashyap, Advocate.
Versus
GOVT OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Yeeshu Jain, Standing Counsel with
Ms. Jyoti Tyagi, Advocate for
L&B/LAC.
Mr. J.H. Jafri, advocate for respondent
no. 2/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 petitioners seeking a declaration that the acquisition
proceedings with respect to land comprised in Khasra No. 392/264,
393/264 and 402/268, situated in the revenue estate of village
Chilla Saroda Bangar,Delhi (hereinafter referred as the 'subject
land') stands 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 neither physical possession of the subject land has
been taken nor compensation has been paid to the petitioners.
3. In the present case, a notification under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued
on 17.11.1980 and a declaration under Section 6 was made on
22.09.1981. Thereafter, an award bearing no.39/82-83 was passed
by the Land Acquisition Collector on 30.09.1982.
4. Mr. K.S. Kashyap, learned counsel for the petitioners submits that
as the physical possession of the subject land has not been taken
and compensation in respect thereof has not been paid, the
petitioners would be entitled to a declaration under Section 24 (2)
of the 2013 Act. Learned counsel further relies on the decision
rendered by the Supreme Court in Govt. of NCT of Delhi Vs.
Manav Dharma Trust and another, reported in 2017 (6) SCC 751,
in response to the stand taken by LAC in the counter affidavit that
the petitioners has no locus standi to file the present petition as he
is not the recorded owner. Reliance is placed on para 28 of this
judgment which reads as under:-
"28. Thus, the subsequent purchaser, the assignee,
the successor in interest, the power-of-attorney
holder, etc., are all persons who are interested in
compensation/landowners/ affected persons in terms
of the 2013 Act and such persons are entitled to file a
case for a declaration that the land acquisition
proceedings have lapsed by virtue of operation of
Section 24(2) of the 2013 Act. It is a declaration qua
the land wherein indisputably they have an interest
and they are affected by such acquisition. For such a
declaration, it cannot be said that the respondent-writ
petitioners do not have any locus standi."
5. Mr. Yeeshu Jain, counsel for the LAC submits that actual vacant
physical possession of the land comprised in Khasra No.
393/264(77-09) was taken on 01.10.1982 and handed over to the
requisitioning department, and the compensation amount in respect
of Khasra No. 393/264min(76-9) and 392/264(9-2) has been paid
to the recorded owner(s). However, with regard to Khasra No.
402/268(1-10), no entry of payment has been made in the RD
Register. Mr. Jain has also opposed this petition on the ground that
the petitioners are claiming benefit under Section 24(2) of the 2013
Act based on General Power of Attorney and Agreement to
Sell/WILL which cannot confer title on the petitioners as the same
are not admissible mode of transfer. Relevant portion of the
counter affidavit filed by LAC reads as under:
"That it is submitted that for purpose of planned
development of the Delhi, the answering respondent
issued a Notification u/s 4 of the Land Acquisition Act,
1894 on 17.11.1980 which was followed by Notification
u/s 6 of the said Act dated 22.09.1981for the acquisition
of the lands falling in the khasra numbers under
reference in village Chilla Saroda Bangar. That an
award No. 39/82-83 dated 30.09.1982 was also passed
and the actual vacant physical possession of the subject
land falling in khasra number 393/264 min(77-09) was
taken vide possession proceedings dated 1.10.1982 and
handed over to the requisition agency on the spot. It is
submitted that there came numerous claimants seeking
compensation which was paid to them and some left
unpaid. A complete chart is annexed showing therein the
payment of compensation to numerous individuals is as
follows:-
Item Name of Khasra Compensation Possession Remarks
No. recorded No. & assessed in has been
owner Area Rs. taken/ not
Bigha taken over
Biswa
218 Vinita 393/26 5,520 Khasra No. As per RD
Dogra 4min 393264(76- Register item no.
w/o P. K. (76--9) 9) has been 218 to 245/1
Dogra taken over Rs.1840.00 paid
12/1529 on to Krishan
share 01/10/1982 Kumar on
19/10/95.
219 Indiragur Do 5,520 Do Amount lying in
das w/o RD
P.P.
Gurdas
12/1529
share
220 Mushtaq Do 9,200 Do As per RD
Ahmed Register Rs.
w/o 9,200 paid to
Mohd. Mushtaq Ahmad
Idris on 21/11/83
20/1529
share
221 Ishtaq Do 9,200 Do As per RD
Ahmed Register Rs.9200
s/o Idris paid to Isfaq
20/1529 Ahmad on
share 14/12/82
222 Fehmida Do 11,960 Do As per RD
w/o Register
ZiaUl- Rs.11960 paid
Ansari on 6/1/83
26/1529
share
223 Anwar Do 6,900 Do As per RD
Qayam Register Rs.6900
s/o Abdul paid on 6/1/83
Qayam
15/1529
share
224 Akbar Do 6,900 Do As per RD
Qayam Register Rs.6900
s/o Abdul paid on 6/1/83
Qayam
15/1529
share
225 Arshad Do 6,900 Do As per RD
Qayam Register Rs.6900
s/o Abdul paid on 6/1/83
Qayam
15/1529
share
226 Ishhaq Do 9,200 Do As per RD
Hussain Register Rs.9200
s/o Ashiq paid on 9/12/82
Hussain
20/1529
share
227 Aneesur Do 20,240 Do As per RD
Rehma Register
s/o Rs.20240 paid
Rehman on 9/12/82
Beg
44/1529
228 Khursheed Do 9,200 Do As per RD
Anwar s/o Register Rs.9200
Haji Ali paid on 13/12/82
20/1529
share
229 Sri Chand Do 6,02,600 Do Item no. 229 to
s/o 245 as per RD
Faquira Register.
230 Mahendra Do Do 1. Rs.9200
Singh s/o paid to
Faquira Monorma Bajaj
231 Khimman Do Do on 24/3/83
s/o Jaimal 2. Rs. 1380
232 Ratia s/o Do Do paid to Urmila
Jaimal Rani on 13/11/86
233 Rumal s/o Do Do 3. Rs.12880
Dan Sahai paid to Nirmal
234 Ramphool Do Do Singh on 1/6/86
s/o Chottu 4. Rs. 1150
235 Braham Do Do paid to Krishana
Singh s/o Dhonda
Chottu 5. Rs. 920
236 Charan Do Do paid to
Singh s/o Jagarnath on
Chottu 13/4/89
237 Lachhu Do Do 6. Rs. 920
s/o paid to jagdish
Chander chand on
238 Hote Ram Do Do 24/4/89
s/o 7. Rs. 920
Chander paid to Dinesh
239 Azad Do Do on 25/4/89
Singh s/o 8. Rs.23400
Chander paid to Ramphal
240 s/o Do Do on 03/05/91
Chander 9. Rs.165600
paid to Lachu on
10/5/91
10. Rs.165600
paid to Sarda
Ram on 10/5/91
11. Rs. 1840
paid to Lachu on
13/12/92
12. Rs. 1840
paid to Het Ram
on 31/12/92
13. Rs. 1840
paid to Azad
Singh on
13/12/92
14. Rs. 1840
paid to Rohtas
on 13/12/93
15. Rs.46460
paid to Sarda
Ram on 12/2/93
16. Rs.58880
paid to Lachhu
on 12/2/93
17. Rs. 18400
paid to Niranjan
Das on 16/10/96
18. Rs.16100
paid to Jai
Chand on
29/10/92 against
item no. 242/1 &
282/1.
19. Rs.8280
each paid to
Sarda & Pratap
Singh on
31/12/92 against
item no.
241/1,2&281/1,2
241 Haria s/o Do Do
Ramsaran
242 Jai Chand Do Do
s/o
Ramsaran
243 Ramphal Do Do
s/o Lala
244 Lachhu Do Do
s/o
Chander
245 Sarda s/o Do Do
Hari
Chand
245 Gaon Do Do
/1 Sabha
Total
Share of
Item No.
229 to
245/1(131
0/1529)as
per NM.
42 Sh. Kartar 392/2 73255.00/ Do As per AD
Singh s/o 64 Register
Jai Chand (9-2) Rs.65780/- paid
to Sh. Kartar
43 Sh. K C Do 5232.50/- Singh s/o Chand
Gupta s/o on 29/12/92.
R D Gupta 3. As per RD
44 Sh. S K Do 5232.50/- Do Register Item No.
Sharma 42 to 44
s/o S N Rs.7350/- paid to
Sharma Sh. Pritpal Singh
4. As per RD
Register
Rs.5232.50/-
paid to Sh. S K
Sharma on
29/03/93
208 Sh. Vijay 402/268(1533.33/- Khasra No. As per RD
Pal s/o 1-10) 402/268(1- Register no entry
Shish Ram 10) not made for
1/9 share taken on payment
01/10/82
209 Sh. Do 1533.33/- Do As per RD
Dharpal Register no entry
s/o Shish made for
Ram 1/9 payment
share
210 Sh. Raj Do 1533.33/- Do As per RD
Pal s/o Register no entry
Shish Ram made for
1/9 share payment
211 Sh. Do 1150.00/- Do As per RD
Asharfi Register no entry
s/o Sarup made for
Singh 1/12 payment
share
212 Sh. Do 1150.00/- Do As per RD
Lakshman Register no entry
s/o Sarup made for
Singh 1/12 payment
share
213 Sh. Lekh Do 1380.00/- Do As per RD
Ram s/o Register no entry
Ram made for
Sarup 1/10 payment
share
214 Sh. Lekhi Do 1380.00/- Do As per RD
Ram s/o Register no entry
Ram made for
Sarup 1/10 payment
share
215 Sh. Ram Do 1380.00/- Do As per RD
Kala s/o Register no entry
Ram made for
Sarup 1/10 payment
share
216 Sh. Hansa Do 1380.00/- Do As per RD
Ram s/o Register no entry
Ram made for
Sarup 1/10 payment
share
217 Sh. Do 1380.00/- Do As per RD
Mahender Register no entry
s/o Ram made for
Sarup Do payment
1/10 share
6. Counter affidavit has also been filed by DDA, relevant portion of
which reads as under:
"It is submitted that Khasra No. 392/264 measuring
area is 13 bigha & 13 biswas and Khasra No. 393/264
measuring area is 85 bigha & 9 biswas of Chilla Saroda
Bangar. It is submitted that as per land record of DDA
Khasra no. 392/264 min measuring area 9 bigha 2
biswa out of the total area 13 bigha & 13 biswas and
from khasra no. 393/264 min measuring area 76 bigha
& 9 biswas out of total area 85 bigha & 9 biswas has
been acquired vide Award no. 39/82-83. The Physical
possession of the same has been handed over to DDA by
Land Acquisition Collector through Land & Building
Department of NCT of Delhi 01.10.1982 and since then
the land is at the disposal of DDA through notification
under Section 22(1) no. F 8(68) 76/L& B dated
14.10.1982."
7. We have heard learned counsel for the parties.
8. The learned counsel for the petitioners has submitted that neither
physical possession of the subject land has been taken nor
compensation has been paid to the petitioners. Counsel has also
submitted that the objections of the LAC regarding locus standi of
the petitioners is misplaced in view of the observations made by
the Supreme Court in Manav Dharma Trust (supra) where the
rights of the subsequent purchaser have been recognised.
9. As per the counter affidavit filed by LAC as well as by the DDA, it
clear that out of Khasra No. 392/264 measuring 13 bighas 13
biswas, the actual physical possession of only 9 Bighas 2 Biswas
has been taken and compensation in respect thereof has been paid.
It is further stated that out of Khasra No. 393/264 measuring 85
bighas 09 biswas, the actual physical possession of only 76 Bighas
9 Biswas has been taken and compensation in respect thereof has
been paid. It is also evident from the record that with respect to the
land comprised in Khasra No.402/268, neither the physical
possession has been taken nor the compensation in respect thereof
has been paid. As far as the objection with regard to the
maintainability is concerned, we find the same to be misplaced in
view of the observations made by the Supreme Court in the case of
Manav Dharma Trust (supra). Accordingly, the submissions made
by the counsel for the LAC that the petitioner has no locus standi
to file the present petition as he is the subsequent purchaser, holds
no ground.
10. Having regard to the submissions made and the categorical
assertion made in the counter affidavit filed by LAC that with
respect to Khasra No.402/268 neither physical possession has been
taken nor compensation in respect thereof has been paid and since
the award has been announced more than five years prior to the
commencement of the 2013 Act, the petitioner is entitled to a
declaration under Section 24(2) of the 2013 Act that the acquisition
proceedings initiated under the Act with regard to the subject land
are deemed to have lapsed. It is ordered accordingly.
11. It is also made clear that we have not expressed any opinion on the
title of the above land. The question of title of the subject land is
left open to be decided in the appropriate court of jurisdiction.
12. The writ petition stands disposed of in the above terms.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J.
MARCH 14, 2018
gr//
