Delhi High Court
Phool Wati Gupta And And Others vs Union Of India And Others on 26 September, 2018
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 26th September, 2018
+ W.P.(C) 8253/2016
PHOOL WATI GUPTA & ORS ..... Petitioners
Through: Mr S.K. Rout and Mr Aman
Mehrotra, Advs
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr Siddharth Panda, Adv for LAC
Mr Nikhil Rohatgi and Mr Shashank
Khurana, Advs
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 Constitution of India filed by
the petitioners seeking a declaration that the acquisition proceedings
pertaining to 24 bighas and 18 biswas land of the petitioners comprised in
khasra Nos. 6(1-0), 7(1-0), 54(1-5), 57(0-5), 58(0-4), 59(0-6), 60(0-5), 204
& 244(1-0), 236/2/2(4-03), 239(1-11), 240(2-17), 241(2-11), 242(3-18),
246(1-0), 247(1-0), 293/190(1-7) and 294/190(1-7) situated in the revenue
estate of Village Shakarpur Khas, Delhi (hereinafter referred 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 '2013 Act') as neither the
physical possession was taken nor compensation paid.
2. In this case the notification under Section 4 of the Land Acquisition
Act was issued on 13.11.1959, Section 6 declaration was made on
18.03.1966. Thereafter an Award bearing No. 07/1969 was passed on
26.07.1969.
3. It is the case of the petitioners that the predecessor in interest of the
petitioners had purchased the said land between the years 1962-1970. Upon
the demise of Sh. Jawahar Lal Gupta on 28.11.2007, the present petitioners
succeeded to the estate of Sh. Jawahar Lal Gupta being the wife, sons i.e.,
legal heirs of Sh. Jawahar Lal Gupta.
4. Mr Panda, learned counsel for the LAC has placed reliance on the
counter affidavit so filed, more particularly, para 7 which we reproduce
below and annexure R1/1 which provides the details of the payments made
to some of the legal heirs and with respect to the areas of which part
possession has been taken.
Para 7 of the Counter affidavit is reproduced hereinafter:-
"7. That it is submitted that the part possession of the
subject land was taken over on various dates i.e., 20/08/70,
09.07.71, 25.11.71, 25.12.71 and 01.06.77 and handed over to
the beneficiary department. Further, part compensation was
paid to the recorded owner with respect to this khasra number.
A copy of the schedule showing the details of lands of which
possession has been taken over and payment has been made to
the recorded owners are mentioned is annexed herewith and
marked as Annexure R1/1."
Annexure R1/1 is reproduced below:-
Item Name of Khasra No. & Compensatio Possession Possession Remarks
No. recorded Area Bigha Biswa n assessed in has been has not
owner Rs. taken over been taken
over
2 Sh. Tote 54 (2-5), 59 (0-12), 24482.88/- Khasra Nos. Khasra nos. As per RD Register
s/o Sukh 60 (0-12), 241 (2- 54 (1-5), 59 54 (1-0), 59 No entry made for
Ram ½ 11), 242 (3-18), (0-6), 60(0-5) (0-6), 60 payment.
share 293/190 (1-7) & (0-7), not
294/190 (1-7) with 241 (2-11), taken
other khasra nos. 242 (3-18),
taken on
09/07/71 &
25/12/71
3 Sh. Do 24482.89/- Do - As per RD Register
Chhote s/o No entry made for
Sukh Ram payment.
½ share
26 Sh. Baderi 6 (3-0) & 7 (3-0) 17514.32/- Taken on - 1. As per RD
s/o shera with other khasra 20/08/70 Register Amount Rs.
nos. 4273.21 paid to Sh.
Ram Dass s/o Shera
27 Sh. Bhola Do 17514.32/- Do - on 23-01-82.
s/o shera
2. As per RD
Register Amount Rs.
28 Sh. Ram Do 17514.33/- Do
4273.21 paid to sh.
Das s/o
Bhola s/o Shera on
Shera
11/02/82.
3. As per RD
Register Amount Rs.
8546.42 paid to sh.
Bhola s/o Shera on
11/02/82.
4. As per RD
Register Amount Rs.
708.18 paid to sh.
Indarpal Jain s/o shri
Niwas jain on
08/01/79.
5. As per RD
Register Amount Rs.
3186.81 paid to sh.
Ram Dass s/o Shera
on 09/11/79.
6. As per RD
Register Amount Rs.
4651.43 paid to sh.
Ram Dass s/o Shera
on 15/05/80.
54 Sh. Ram 58 (0-5), 204 (1-4), 91,256.45/- 58 (0-4), 204 58 (0-14) As per RD Register:-
Chander 244 (0-15), 246 (2- with other (1-4), 244 (0- not taken
S/o Singh 2) & 247 (2-2) khasra nos. 15) & 247 (2- 1. Rs. 4,352.09/- paid
Ram 2) taken to Smt. Hemlata
with other khasra
Jain on 19.03.76
nos. 25/11/71 & 2. Rs. 198.99 paid to
01/06/77 Sh. Om Prakash
Gupta on 25.01.84
3. Rs. 198.99 paid to
Smt. Bhagwati
Devi on 12.12.86
4. Rs. 198.99 paid to
Smt. Kala Devi on
19.12.86
5. Rs. 198.99 paid to
Sh. Chander Ram
on 20.04.89
6. Rs. 7,561.62 Sent
to ADJ Delhi 30-
31 on 01.08.90
7. Rs. 4,352.09 paid
to Smt. Satyawati
on 03.04.91
55 Sh. 236/2/2 (6-16) 14038.02/- 236/2/2 (4-3) 236/2/2 As per RD Register
Rewati s/o with other khasra taken No entry made for
Diwan nos. (2-13) not payment.
takenS
56 Sh. Do 14038.02/- Do - As per RD Register
Balwan No entry made for
singh s/o payment.
Diwan
57 Sh. Do 9358.68/- Do - As per RD Register
Chandar No entry made for
Bhan s/o
Richhapal payment.
58 Sh. Do 9358.68/- Do - As per RD Register
Umrao s/o No entry made for
Richhpal payment.
59 Sh. Ram Do 9358.68/- Do - As per RD Register
Saran s/o No entry made for
Richhpal payment.
60 Sh. Do 56152.07/- Do - As per RD Register
Mangat No entry made for
s/o Ram payment.
Lal
112 Sh. Trilok 239 (1-19) & 240 21276.90/- 239 (1-19) 240 (2-17) As per RD Register
Chand s/o (2-17) with other taken not taken Amount Rs. 8980.51
Har sahai khasra Nos. paid to Sh. Trilok
Chand on 20/05/78.
5. We have heard the learned counsels for the parties.
6. Mr Rout, learned counsel for the petitioners agrees that the acquisition
proceedings would lapse not with respect to the entire subject land i.e., 24
bighas 18 biswas but only 14 bighas, details of which are reproduced
below:-
"Khasra Nos. 54(1-0), 57(0-5), 58(0-04), 59(0-6), 60(0-5), 240(2-17),
241(2-11), 242(3-18), 293/190(1-3), 294/190(1-7)"
7. He further submits that as far as the land falling in khasra No. 236/2/2
measuring 6 bighas 16 biswas is concerned, a separate writ petition is to be
filed as the present award is not with respect to the aforesaid area. The
details of the above khasra numbers have been jointly provided by the
counsels from the extracted part of the counter affidavit which has been
filed. According to the counter affidavit filed, from the aforesaid khasra
numbers it is clear that neither compensation has been paid for some khasra
numbers nor physical possession has been taken for some khasra numbers.
8. Resultantly, the writ petition is allowed in part. The acquisition
proceedings pertaining to the Khasra Nos. 54(1-0), 57(0-5), 58(0-04), 59(0-
6), 60(0-5), 240(2-17), 241(2-11), 242(3-18), 293/190(1-3), 294/190(1-7)
admeasuring 14 bighas are deemed to have lapsed. Leave as prayed is
granted to the petitioners to take recourse to such remedy as available in
accordance with law pertaining to khasra No. 236/2/2 measuring 6 bigha 16
biswas out of which possession of 4 bighas 3 biswas has already been taken.
The petitioners are only praying for grant of compensation. Compensation
would be released within a period of one year.
9. The writ petition is disposed of in the above terms.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
SEPTEMBER 26, 2018
SU
