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HIGH COURT OF DELHI
Date of Judgement: 3rd October, 2018
CHANDERMAL AND ORS ......Petitioners
Through: Mr. Hara Prasad Sahu, Mr. Shiv Kant Mishra & Mr. Kamlesh Kumar Mishra
Advocates.
Through: Mr. L.C. Singhi &Mr. Mithilesh Pal Advocates for R-1/UOI.
Ms. Astha Tyagi, Advocate for LAC/L&B.
Mr. M.K. Singh, Advocate for DDA.
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J. (Oral)
JUDGMENT
1. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to 1 Bigha 7 Biswas land comprised in Khasra No. 15/2/2 situated in the revenue estate of village Ali, New Delhi (hereinafter referred as the 'subject land') is 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 actual physical possession of the 2018:DHC:6424-DB subject land has been taken nor the compensation in respect thereof has been paid to the petitioners.
2. In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 16.04.1964 and a declaration under Section 6 was made on 22.12.1966. Thereafter, an award bearing no. 3/97-98 was passed on 05.12.1997 but since there was no mention of Khasra NO. 15/2/2(1-07), subsequently the LAC passed corrigendum to the Award on 10.12.1997.
3. Mr. Hara Prasad Sahu, learned counsel for the petitioners submits that since the actual physical possession of the subject land has not been taken and compensation in respect thereof has not been paid, thus the petitioners would be entitled to a declaration under Section 24 (2) of the 2013 Act.
4. Ms. Astha Tyagi, learned counsel for the LAC submits that the possession of Khasra No. 15/2/2 measuring 1 Bigha 7 Biswa has been taken over, however there is no record of payment of compensation in Naksha Mutzamin to the petitioners. Relevant Para.[6] and Para.[7] of the counter affidavit filed by LAC reads as under:-
6. We have heard learned counsels for the parties.
7. Reading of the counter affidavit filed by LAC makes it clear that possession of land falling in Khasra No 15/2/2 measuring 1 Bigha and 7 Biswa of village Aali, New Delhi, has been taken but the compensation in respect of the subject land thereof has not been tendered to the petitioners.
8. Taking into consideration the submissions made and the stand taken by LAC that possession of the subject land has been taken over but the compensation in respect of subject land has not been tendered to the petitioners, we are of the considered view that the necessary ingredients of Section 24 (2) of 2013 Act stand satisfied. Since the award having been announced more than five years prior to the commencement of the 2013 Act and, having regard to the fact that the compensation has not been tendered, the petitioners are entitled to a declaration that the acquisition proceedings initiated under the Act with regard to the subject land is deemed to have been lapsed. It is ordered accordingly.
9. The writ petition stands disposed of in above terms. G.S.SISTANI, J. SANGITA DHINGRA SEHGAL, J OCTOBER 3, 2018 afa