Full Text
HIGH COURT OF DELHI
W.P.(C) 8949/2017
Date of
JUDGMENT
Through : Mr.Bhagwad Prasad, Adv.
Through : Mr.Sharma, Adv. for respondent no.1.
Mr.Padam Kant Saxena and Mr.Deepak R. Dahiya, Advs. for respondent no.2.
HON'BLE MR. JUSTICE P.S. TEJI G.S.SISTANI, J. (ORAL)
1. This is a petition under Article 226 of the Constitution of India seeking a declaration that all the acquisition proceedings, initiated under the Land Acquisition Act, 1894, and resulting pursuant to the Award bearing No.14/2005-06/DC (N-W) of Village Pansali, Delhi, with respect to the land bearing Khasra no.6/13(1-00), 6/24 (4-16) total land measuring 05 Bighas 16 Biswas, situated in the revenue estate of Village Pansali, Delhi, stands lapsed under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Learned counsel for the petitioners submits that a notification under 2018:DHC:4590-DB Section 4 of the Land Acquisition Act (hereinafter referred to as ‘the Act’) was issued on 21.3.2003. A Section 6 declaration was made on 18.03.2004 and thereafter an Award bearing no.14/2005-06/DC (NW) of Village Pansali, Delhi, was rendered on 18.8.2005. Counsel further submits that possession of the subject land has already been taken by respondent no.1 through Land Acquisition Collector, which possession also stand transferred to respondent no.2/DDA. Counsel also contends that despite the possession having been taken and award having been passed, compensation of the acquired land has not been paid to the petitioners. It is contended that Section 24(2) of the 2013 Act is crystal clear and in case either possession has not been taken or compensation has not been tendered, the acquisition proceedings would deem to have lapsed. Counsel also contends that the subject land has not been put to use and is still lying vacant.
3. Learned counsel for the petitioner has placed reliance on para 6 of the counter affidavit filed by respondent no.1, which is extracted below:
4. Mr.Sharma, learned counsel for the respondent no.1, contends that as far as Khasra no.6/24, is concerned, compensation has not been paid to the petitioners and similar is the position with regard to the share of the petitioner with regard to Khasra no.6/13.
5. We have heard learned counsel for the parties and considered their rival submissions. Admittedly, possession of part of the subject land was taken over by respondent no.1, however, compensation has not been tendered to the petitioners.
6. Having regard to the fact that possession of part of the subject land has been taken over but no compensation has been paid to the petitioners and since the award having been announced more than five years prior to the commencement of the 2013 Act, the case of the petitioners is covered by the provisions of Section 24(2) of the 2013 Act and thus, the petitioners are entitled to a declaration that the acquisition proceedings initiated under the Land Acquisition Act, 1894 with regard to the subject land are deemed to have lapsed. It is ordered accordingly.
7. Writ petition stands disposed of. G.S.SISTANI, J P.S. TEJI, J JULY 27, 2018 msr