Phool Wati Gupta & Ors. v. Union of India & Ors.

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 2018:DHC:6254-DB 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 No. Name of recorded owner Khasra No. & Area Bigha Biswa Compensatio n assessed in Rs. Possession has been taken over Possession has not been taken over Remarks

2 Sh. Tote s/o Sukh Ram ½ share 54 (2-5), 59 (0-12), 60 (0-12), 241 (2- 11), 242 (3-18), 293/190 (1-7) & 294/190 (1-7) with other khasra nos. 24482.88/- Khasra Nos. 54 (1-5), 59 (0-6), 60(0-5) 241 (2-11), 242 (3-18), taken on 09/07/71 & 25/12/71 Khasra nos. 54 (1-0), 59 (0-6), 60 (0-7), not taken As per RD Register No entry made for payment.

26 Sh. Baderi s/o shera 6 (3-0) & 7 (3-0) with other khasra nos. 17514.32/- Taken on 20/08/70 - 1. As per RD Register Amount Rs. 4273.21 paid to Sh. Ram Dass s/o Shera on 23-01-82.

2. As per RD 4273.21 paid to sh. Bhola s/o Shera on 11/02/82.

3. As per RD 8546.42 paid to sh. Bhola s/o Shera on 11/02/82.

4. As per RD

708.18 paid to sh. Indarpal Jain s/o shri Niwas jain on 27 Sh. Bhola s/o shera Do 17514.32/- Do -

5. As per RD 3186.81 paid to sh. on 09/11/79.

6. As per RD 4651.43 paid to sh. on 15/05/80.

54 Sh. Ram Chander S/o Singh Ram 58 (0-5), 204 (1-4), 244 (0-15), 246 (2- 2) & 247 (2-2) nos. 91,256.45/with other khasra nos. 58 (0-4), 204 (1-4), 244 (0-

15) & 247 (2-

2) taken 25/11/71 & 01/06/77 58 (0-14) not taken As per RD Register:-