Jagwant Singh & Ors. vs Union Of India & Anr.
2018 Latest Caselaw 5578 Del

$~46

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Date of Judgment: 13th September, 2018

+       W.P.(C) 9639/2015

        JAGWANT SINGH & ORS.                              ..... Petitioners
                    Through:            Mr. Anuroop P.S., Advocate


                        versus

        UNION OF INDIA & ANR.                            .... Respondents
                      Through:          Mr. Yeeshu Jain, Standing Counsel
                                        with Ms. Jyoti Tyagi, Advocate for
                                        L&B/LAC.
                                        Mr. Dhanesh Relan, Standing Counsel
                                        with Ms. Komal Sorout and Ms.
                                        Mrinalini Sharma, Advocates 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 filed under Article 226 of the Constitution of India by the petitioners. The petitioners seek a declaration that the acquisition proceedings pertaining to the land of the petitioners comprised in Khasra nos.1013(4-01), 1014(3-16), 1015(5-04, 1016(2-

04), 1017(2-10), 1018(4-16) and 1019(4-10) measuring 27 bigha 01 biswas, situated in the revenue estate of village Satbari, Tehsil Hauz

Khas, Mehrauli, South District, New 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 the '2013 Act'), as neither the physical possession of the subject land has been taken nor the compensation has been tendered.

2. The necessary facts required to be noticed for the disposal of the present petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 25.11.1980, a Section 6 declaration was made on 27.05.1985 and thereafter, an Award bearing no.14/1987-88 was rendered on 26.05.1987.

3. While it is the stand of the petitioners that neither the physical possession of the subject land has been taken nor the compensation has been tendered, whereas reading of the additional counter affidavit filed on 08.03.2018 by the LAC shows that the compensation has been tendered and physical possession taken. Para 4 of the additional counter affidavit filed on 08.03.2018 by the LAC, reads as under:

"4. That in the present case the possession of the land falling in Khasra No.1017min(1-0) was taken on 30.09.1987 while possession of other lands in question was taken on 14.07.1987, and as per the Naksha Muntazim and Statement 'A' of the Award No.14/87-88 village Satbari the payment of compensation was made to the recorded owner as under:

              NAME               Khasra No.         AMOUNT              REMARKS
             Sh. Shish Ram                         3209262             Paid    vide
             S/o Nathan                                                Ch.No.81068
             ½ share       1013(4-1),                                  Dated
                                                                       09.09.1987
             Krishana Singh 1014(3-16),            106975.33           Paid    vide
             S/o Beg Raj                                               Ch.No.80960
             1/6 share      1015(5-04,                                 Dated
                                                                       24.08.1987
             Kapoor Singh       1016(2-4),         106975.33           Paid    vide
             S/o Beg Raj                                               Ch.No.80961
             1/6 share          1017(2-10),                            Dated
                                                                       24.08.1987
             Kripal Singh       1018(4-16),        106975.33           Paid    vide
             S/o Beg Raj                                               Ch.No.80962
             1/6 share          1019(4-10)                             Dated
                                                                       24.08.1987

4. The counter affidavit has been filed by the DDA. Para 5(iii) of the counter affidavit filed by the DDA, reads as under:

"5(iii) An amount of Rs.100 Crores(Rupees hundred crores only) was remitted by Central Govt. to L&B Department on account of Compensation of 13 South Delhi Villages included Village Satbari. The land in question in the present Writ Petition is, inter alia, part of acquisition of a large tract of land in Delhi required for planned development of Delhi for which, inter alia, the Notifications/Declarations under the 1894 Act were issued."

5. We have heard the learned counsels for the parties. Having regard to the details mentioned in para 4 of the additional counter affidavit filed by the LAC wherein the details of the amounts, cheque numbers and dates have been given and also a categorical stand taken by the LAC

that the physical possession of the subject land has been taken, which is also supported by the counter affidavit filed by the DDA, we find no merits in the writ petition.

6. The writ petition is accordingly dismissed. No costs.

G.S.SISTANI, J.

SANGITA DHINGRA SEHGAL, J

SEPTEMBER 13, 2018 pst