Har Kishan v. Union of India & Anr.

Delhi High Court · 31 Oct 2014 · 2014:DHC:5621
Suresh Kait
W.P. (C) 7423/2014
2014:DHC:5621
constitutional petition_dismissed

AI Summary

The Delhi High Court held that enforcement of enhanced compensation awards in land acquisition matters must be pursued through execution proceedings, not by writ petition under Article 226.

Full Text
Translation output
W.P. (C) 7423/2014
HIGH COURT OF DELHI
JUDGMENT
delivered on: 31st October, 2014
W.P.(C) 7423/2014
HAR KISHAN ..... Petitioner Represented by: None.
Versus
UNION OF INDIA & ANR. ..... Respondents Represented by: Ms.Jyoti Tyagi for Mr.Yeeshu
Jain, Advocate for Respondent No.1/UOI.
Ms.Mrinalini S. Gupta and Ms.Ruri Chopra, Advocates for
Respondent No.2.
CORAM:
HON’BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
W.P.(C) 7423/2014

1. By way of the present petition, the petitioner seeks directions against the respondent No.1 to make payment of enhanced award of Rs.19,34,440/- per acre to the petitioner for the land of the petitioner acquired alongwith other villagers of Mundka whose lands were acquired along with the petitioner and who were awarded the aforesaid compensation by the order of this Court.

2. Further seeks directions to pay difference of Rs.3,42,224-29/- per acre for the land of the petitioner acquired by the respondents as awarded 2014:DHC:5621 W.P. (C) 7423/2014 to the other land owners of Village Mundka.

3. Vide the present petition, the petitioner seeks compliance of the order dated 08.07.2011 passed by this Court.

4. For the said relief, the petitioner cannot seek shelter of Article 226 of the Constitution of India, however, he has to approach the Execution Court for compliance of the aforesaid order.

5. In view of the facts and circumstances of the case, the present petition is dismissed with liberty to file execution before the Execution Court.

SURESH KAIT (JUDGE) OCTOBER 31, 2014 sb