Delhi High Court
Ashok Kumar Sharma vs Land And Building Department And ... on 5 October, 2018
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of Judgement: 05 October,2018
+ W.P.(C) 605/2018
ASHOK KUMAR SHARMA ...Petitioner
Through: Mr. N.S. Dalal, Advocate.
versus
LAND & BUILDING DEPARTMENT & ANR
...Respondents
Through: Mr. Sachin Nawani, Advocate
for L&B/LAC
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 seeking a declaration that the acquisition
proceedings with respect to 3 bighas 11 biswas land comprised in
Khasra No. 78/1 and 4 bighas 5 biswas land comprised in Khasra
No. 78/10 situated in the revenue estate of Village Rithala, Delhi,
(hereinafter referred to as 'the subject land') are deemed to have
lapsed in view of Section24(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 though the physical possession of the subject land has been
taken over, the compensation in respect thereof has not been
tendered to the petitioner.
2. It is submitted that a notification under Section 4 of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the Act') was
issued on 13.12.1981. A Declaration under section 6 of the act was
issued on 16.04.1984. Thereafter, an Award bearing No. 16/1985-
86 was passed on 10.09.1985.
3. Mr. N.S. Dalal, learned counsel for the petitioner submits that
since the physical possession of the subject land has already been
taken over and the compensation in respect thereof has not been
paid, the petitioner would be entitled to a declaration under Section
24(2) of the 2013 Act.
4. On the other hand, Mr. Sachin Nawani, learned counsel for LAC
submits that the actual vacant physical possession of the subject
land was taken on 03.07.2006 and the same was handed over to the
DDA. It is further submitted that the compensation has not been
disbursed to interested persons. Learned counsel for the LAC relies
on paras 8 & 9 of the counter affidavit, which we reproduce below:
"4. That the Khasra No. 78/1(3-11) and 10(4-5)
are in ownership rights of Kali Ram S/o Tulsi(1/1
share) at item No. 65. The possession of Khasra
No. 78/1(3-11),(10(4-5) total area 7 Bigha 16
Biswa has been taken over handed over to the
beneficiary, Delhi development authority on
31.07.2006. It is further submitted that possession
of Khasra No. 78/11(4-5), 12(4-16) total
admeasuring 9 bigha 1 biswa has not been taken
over."
"5. That as per available records viz statemen „A‟
as well as RD Register available in the office of the
LAC compensation has not been disbursed to the
interested person."
5. We have heard the learned counsels for the parties and considered
their rival submissions.
6. Having regard to the submissions made by the LAC that the
compensation in respect of the subject land has not been tendered
to the petitioner and since the Award having been announced more
than five years prior to the commencement of the 2013 Act, the
case of the petitioner is covered by the provisions of Section 24(2)
of the 2013 Act and thus, 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.
7. In above terms, the writ petition stands disposed of.
8. Ordered accordingly.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL,J
OCTOBER 5, 2018//GR
