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i ^0, $-4, 5 «& 6 HIGH COURT OF DELHI
W.P.(C) 6814/2013
MONIKA GARG Petitioner
W.P.(C) 6814/2013
MONIKA GARG Petitioner
VERSUS
GOVT. OF NOT OF DELHI & ANR Respondents
W.P.(C) 6815/2013
SKY HIGH AGRO EXPO (P) LTD. Petitioner
SKY HIGH AGRO EXPO (P) LTD. Petitioner
VERSUS
GOVT. OF NCT OF DELHI & ANR Respondents
W.P.(C) 6816/2013
SUPERB AGRO EXPO (P) LTD. Petitioner
SUPERB AGRO EXPO (P) LTD. Petitioner
VERSUS
GOVT. OF NCT OF DELHI AND ANOTHER Respondents
Through: Mr N.S. Dalai, Mr Pankaj Gupta and Mr D.P.
Singh, Advocates for petitioners Mr Yeeshu Jain, Advocate for respondent No. 1
Mr Sanjeev Sabharwal and Mr V. Nagpal, Advocates for DDA
Through: Mr N.S. Dalai, Mr Pankaj Gupta and Mr D.P.
Singh, Advocates for petitioners Mr Yeeshu Jain, Advocate for respondent No. 1
Mr Sanjeev Sabharwal and Mr V. Nagpal, Advocates for DDA
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
19.11.2013 In these writ petitions the following two common prayers have been made:-
"(i) issuea writ of mandamus or any other appropriate writ, order or direction thereby directing the respondent No. 1 to make the payment of the amount as per the order dated 29.05.2013 passed by him in pursuance of the order of the Hon'ble High Court of
2013:DHC:7628-DB J i Delhi at New Delhi in
Writ Petition (Civil) NO. 1881/2013;
(ii) issue a writ of mandamus or any otherappropriate writ, order or direction thereby directing the respondent No. 1 to send the reference so filed before it under Section 28A(3)ofthe Land AcquisiionAct."
We have heard the learned counsel for the petitioner as well as the learned counsel for the LandAcquisition Collector. Insofaras the payment in terms of the order dated 29.05.2013 is concerned, the same has to be made by the respondents to the petitioners. The said order dated 29.05.2013 has been passed by the Collector under
Section 28A(2) of the Land Acquisition Act, 1894. Insofar as the
Land Acquisition Collector is concerned, that is the amount which is due to the petitioners by way of compensation payableto themfor the acquisition of their lands. And the Land Acquisition Collector is bound to make that payment to the petitioners. However, insofar as the petitioners are concerned, it is open to them to accept the amount of compensation as a full and final payment for their lands which have been acquired. The petitioners had already filed their application for a reference to the court on 19.07.2013 under Section
28A(3) of the said Act. Therefore, while the Land Acquisition
Collector is bound to make the payment in terms of the orderpassed on 29.05.2013, it is open to the petitioners to, while accepting the said payment, also take the stand that they do not accept the Award under
Section 28A(2) of the said Act. Such a stand has already been taken by them. Therefore, the writ petitions are disposed of with the
-y b direction that the payment be made by the respondent (Land
Acquisition Collector) as per the order dated 29.05.2013 with upto date interest within two weeks. The Land Acquisition Collector is also directed to send the reference in terms ofSection 28A(3) ofthe said Act to the court within four weeks.
/ BADAR DURREZ AHMED, J f." •
NOVEMBER 19,2013 su VIBHU BAKHRU,J
HON'BLE MR. JUSTICE VIBHU BAKHRU
19.11.2013 In these writ petitions the following two common prayers have been made:-
"(i) issuea writ of mandamus or any other appropriate writ, order or direction thereby directing the respondent No. 1 to make the payment of the amount as per the order dated 29.05.2013 passed by him in pursuance of the order of the Hon'ble High Court of
2013:DHC:7628-DB J i Delhi at New Delhi in
Writ Petition (Civil) NO. 1881/2013;
(ii) issue a writ of mandamus or any otherappropriate writ, order or direction thereby directing the respondent No. 1 to send the reference so filed before it under Section 28A(3)ofthe Land AcquisiionAct."
We have heard the learned counsel for the petitioner as well as the learned counsel for the LandAcquisition Collector. Insofaras the payment in terms of the order dated 29.05.2013 is concerned, the same has to be made by the respondents to the petitioners. The said order dated 29.05.2013 has been passed by the Collector under
Section 28A(2) of the Land Acquisition Act, 1894. Insofar as the
Land Acquisition Collector is concerned, that is the amount which is due to the petitioners by way of compensation payableto themfor the acquisition of their lands. And the Land Acquisition Collector is bound to make that payment to the petitioners. However, insofar as the petitioners are concerned, it is open to them to accept the amount of compensation as a full and final payment for their lands which have been acquired. The petitioners had already filed their application for a reference to the court on 19.07.2013 under Section
28A(3) of the said Act. Therefore, while the Land Acquisition
Collector is bound to make the payment in terms of the orderpassed on 29.05.2013, it is open to the petitioners to, while accepting the said payment, also take the stand that they do not accept the Award under
Section 28A(2) of the said Act. Such a stand has already been taken by them. Therefore, the writ petitions are disposed of with the
-y b direction that the payment be made by the respondent (Land
Acquisition Collector) as per the order dated 29.05.2013 with upto date interest within two weeks. The Land Acquisition Collector is also directed to send the reference in terms ofSection 28A(3) ofthe said Act to the court within four weeks.
/ BADAR DURREZ AHMED, J f." •
NOVEMBER 19,2013 su VIBHU BAKHRU,J
JUDGMENT