Delhi High Court
Narender Singh vs Union Of India & Ors on 25 September, 2018
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 25th September, 2018
+ W.P.(C) 925/2018
NARENDER SINGH ..... Petitioner
Through Mr. Rajesh Gupta, Mr. Harpreet Singh
& Mr. M.C. Verma, Advocates.
versus
UNION OF INDIA & ORS ..... Respondents
Through Mr. Ripu Daman Bhardwaj, CGSC for
UOI with Mr. T.P. Singh, Advocate.
Mr. Sachin Nawani, Advocate for
LAC.
Mr. Pawan Kawrani & Mr. Akshay
Bhasin, 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 petition has been filed under Article 226 of the Constitution of
India by the petitioner seeking a declaration that the acquisition
proceedings in respect of the land of the petitioner comprised in
Khasra no.23/14 (04-16) admeasuring 4 bigha 16 biswas, situated in
the revenue estate of village Mubarakpur Dabas, 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 possession of the
subject land has been taken nor the compensation has been tendered to
the petitioner.
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 21.03.2003, a Section 6 declaration was made on 19.03.2004.
Thereafter, an Award bearing no.16/2005-06 was rendered on
14.09.2005.
3. Counsel for the petitioner submits that a similar writ petition being
W.P. (C) 1785/2015 with respect to the same subject land has already
been allowed vide judgment dated 18.07.2017 vis-à-vis to the extent
of 1/9th share of the petitioner. However, as on that day a family
settlement was under challenge in a declaratory suit i.e. CS (OS)
298/2016, which has now been decreed upholding the family
settlement vide judgement dated 26.07.2017. On the basis of CS (OS)
298/2016 filed by one of his family member, the petitioner seeks a
declaration that the acquisition proceedings with regard to his share
are deemed to have lapsed in view of Section 24(2) of 2013 Act.
4. Counter affidavit has been filed by LAC. Paras 9 and 10 of the counter
affidavit filed by LAC reads as under :
"9. That in the present case Khasra No.23//14 (4-16) the
possession of land falling to the extent of 4 bigha 8 biswa
has been taken by the Govt. on 03.01.2007. Possession of
the remaining area to the extent 8 biswa could not be taken
due to built-up structures. It is further submitted that the
awarded compensation has not been paid due to various
objections filed by different persons.
10. It is further informed that share of Narender S/o
Ishwar Dutt (1/9 share) in same Khasra no.23//14 (4-16) has
already been declared lapsed via CWP no.1785/2015."
5. Reading of the counter affidavit filed by the LAC leaves no room for
doubt that neither compensation has been tendered to the petitioner
nor physical possession of the subject land has been taken and thus,
the necessary ingredients of Section 24(2) of 2013 Act are accordingly
met.
6. Having regard to the fact that neither compensation has been tendered
to the petitioner nor possession of the subject land has been taken 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, thus, the
petitioner is entitled to a declaration that the acquisition proceedings
initiated under the Land Acquisition Act, 1894 with regard to the share
of the petitioner as awarded in CS (OS) 298/2016 in the subject land
are deemed to have lapsed. It is ordered accordingly.
7. The writ petition stands disposed of.
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
SEPTEMBER 25, 2018
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