Delhi High Court
Sh. Jagdish Prasad And Ors. vs Land Acquisition ... on 19 September, 2018
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 19th September, 2018
+ W.P.(C) 8887/2018
SH. JAGDISH PRASAD AND ORS. ..... Petitioners
Through: Mr Sharad Malhotra, Adv for
Mr Pankaj Vivek, Adv
versus
LAND ACQUISITION COLLECTOR/A.D.M. AND ORS.
..... Respondents
Through: Mr Yeeshu Jain and Ms Jyoti Tyagi,
Advs for LAC/L&B
Mr Saroj Bidawat, Adv for UOI
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
CM No. 34185/2018 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 8887/2018
1. This is a petition under Article 226 of the Constitution of India. The
petitioners seek a direction in the nature of mandamus to respondent No. 1 to
make a reference under Section 18 of the Land Acquisition Act, 1894 to the
Court of District Judge, South West, Dwarka based on his petition dated
20.03.2017. The learned counsel for the petitioners submits that an Award
bearing No. 06/2005-06 was passed by the Land Acquisition Collector on
05.08.2005 with respect to khasra No. 65//1/1/2 (0-1) and 68//25/3 (0-6)
situated on the main Palam Road, Village Palam, Delhi. Learned counsel
submits that since the compensation awarded was not commensurate with
the value of the properties acquired, the petitioners had sought a reference
under Section 18 of the Land Acquisition Act, 1894 on 20.03.2017 as their
entitlement to claim compensation was decided by the Court of Additional
District Judge in LAC No. 70/2016 on 20.01.2017. The writ petition was
listed for hearing on 24.08.2018, when counsel for the LAC had sought an
adjournment to look into the matter.
2. Counsel for the LAC submits that as per instructions no petition under
Section 18 of the Act is pending before the LAC. She further submits that
filing of a petition dated 20.03.2017 is doubtful for the reason that the copy
of the application filed along with the writ petition does not bear any
acknowledgment from the office of the Land Acquisition Collector whereas
a reminder sought to be relied upon dated 25.04.2017 bears the stamp of the
office of the Land Acquisition Collector. Ms Tyagi submits that in the
absence of the application, no reference could have been made.
3. We have heard the learned counsels for the parties.
4. In view of the stand taken by the counsel for the LAC, no orders can
be passed in favour of the petitioners, however, we grant an opportunity to
the petitioners to appear before the Land Acquisition Collector on
08.10.2018 at 11.30 am. The petitioners would be entitled to produce all
record in their possession to satisfy the LAC that an application under
Section 18 of the Act was in fact filed on 20.03.2017.
5. We make it clear that in case such an application had been filed, the
Land Acquisition Collector will examine the application within a period of
eight weeks thereafter.
6. In view of the above, the writ petition stands disposed of.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
SEPTEMBER 19, 2018
SU
