Santosh Tikoo v. Govt of NCT of Delhi and Ors

3. In the present case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 21.03.2003 and a declaration under Section 6 was made on 19.03.2004. Thereafter, an award bearing no.22/2005-06 was passed by the Land Acquisition Collector on 28.12.2005.

4. Ms. Iti Sharma, learned counsel 'for the petitioner submits that as the physical possession of the s~bject land has not been taken.and compensation in respect ther~.<;lf.has not been paid, the petitioner would be entitled to a ~~ci~f~tf~~~hhde;'.Section 24 (2) ofthe 2013............:.:.':.<,-.:;\-,:··:'·.... - Act. Learned counsel futt}i~r.rel~e.~\)p.;'the decision rendered by the. - •.;. " •,.. J ~ ·' ' ·, • • j Supreme Court in Govt~:oj:.Ncr..6j.Delhi Vs. Manav Dharma Trust and another, report~d \n':~~b]F (6) sec 751' in response to; I ·:,', • -·~ ~-i~::,:.·. the stand taken by LAP,·.th:4f::'th¢~p.e(t~iqner has no locus standi to file the present petitio~::~;hi~:'f.~~~~~~(flt~~:~p~corded owner. Reliance is.-~-~~/·.'..:·.-,·-...:'-..:{~~:-·~~.:~f...:.. ~'))~·~~:-;~~··.·' placed on para 28 ofthisj~<fg_!!1~!].1:~Jifch reads as under:-

W.P.(C) 5253/2016 Page2of[5]

5. Mr. Yeeshu Jain, counsel for the LAC submits that out oftotal land measuring 4 Bighas 16 Biswas comprised in Khasra No.54//16min, actual vacant physical possession of 4 Bighas 13 Biswas was taken in the year 2007 and handed over to DDA, and the compensation amount in respect thereof has not been paid to the recorded owner. Mr. Jain has also opposed this petition on the ground that the petitioner is claiming benefit under Section 24(2) of the 2013 Act based on General Power of Attorney and Agreement to Sell which cannot confirm title ofthe petjti()l).er as the same are not admissible ~ ' -·. mode of transfer. Relevant p~rtiori of the..counter affidavit filed by LAC reads as under:_----·"·_.._-: ··t,~P-;·::.:-~':.>· ··, ·.- -, ',,-:..~.--,:~)~.;.' ~·-·:.-~-.: -."That the presen{~rftP.M~tt6~;-.;~~::liable to be dismissed as petitioner is no{the ·r~ct)rded'owner ofthe subject land but the prese~t,ft:~I(E,e{:ft(gn has been filed in the name ofthe petition,er whO.::t:s iHaiming to be the GPA ' I_(,,:,',(.:• •••'.,. ••.;: holder. The GPA-'; Holdeiti~caYmot maintain the writ J{~--;', -.~/~ ij;\' '·~!!:... ·,.,;"?/~ petition in his dWrz: ·Yi[9]:P1~-~:q.~--;i?hr/: (JPAI Agreement to Sell/ Affidavit.?tc.:.:do~fl.:iJob:;~qnfti,~ any right, title or ~ )~~;~., ~ <,• ~·~\ ~.:--:-..... -~'·.... t:,1•l<, interest on the )?~ti(t{jfft:¢.r!:f1~,}%~~ff documents are not the admissible mddes1ejfrah~jer oflands. XXX It is pertinen;::tO'Jjzefl,_#o,rFher:?:~~a,t~~futofthe total land measuring 4-16, · the go~er;l~ent.has taken physical possession of(4-13) and (0-03) could not be taken. xxx· The Award was also passed vide Award No. 2212005- 06 dated 28.12.2005 and the possession of the lands falling in khasra number 54//16min (4-13) was also taken in the year 2007 itself on the spot and handed over to the DDA on the spot by preparing possession proceeding on the spot. The recorded owner never W.P.(C) 525312016 Page3of[5] • (~ ". ·l_' turned up- to claim compensation as he perhaps sold the lands through unauthorized modes oftransfer. "

6. Counter affidavit has also been filed by DDA, relevant portion of

7.

8. which reads as under: "v. The content of the said paragraph is denied. It is submitted that the possession ofKhasra No. 54//16(4-

13) was handed over to DDA on 23.02.2007 by the _LACIL&B, which was later transferred to RPD-1 on 18.(J[7]. 07for Rohini Residential Scheme. vi. The content of the said paragraph is specifically denied. It is denied t~at {he compensation has not been paid. Instead _i(i:t su/;xrnitted that the amounting to Rs.104,06,06,7i6/-<:::.··was··:for:warded ·to ·LAC Department vide ch~que ·fu;>~09{1612·dated 06. 06.06.. " We have heard learned ~ounseff~;\~~·~arties., 'I.... ',.:..,· ~~:~- • ·>,' \-' Reading of the counter aff19ayi(fi)ed· by LAC and DDA makes it ·',:: · ~r \. ~.•:,J <· '..', clear that out of the total· laud\ h:i~~suring 4 Bighas 16 Biswas:::.::.;"~'-·:-)\/.·.··..;:,:_·.. comprised in Khasra No~~4!/J~6; Jh.e\a'¢tual physical possession of,';(t,·.o:;....·.-:· i'~ f ·' ~-· ~ ~/.~ t.... ".'~'-'' • • only 4 Bighas 13 Bi~;Was -li~i~:~~~~\~ik~P. on 23.02.2007 and with.~::~;/-'.-.;~·!·<}\:~:~~-::J~: j'':-:j-~ ',.. ~>~-->i:·~,;-1:·!'.-~ respect to compensatiori,;:J!ff~~~Q!J)is'e_f:-·tor LAC submits that the same has not been paid to the recorded owner. As far as the objection with reg~ro~,f<Y·th~~-;rpainta,_inabil'ity is concerned, we find ': -.~ -~.:~;:,~:- ! ?::..: ) ·-:!.. the same to be misplaced in view of the observations made by the Supreme Court in the case of Manav Dharma Trust (supra). Accordingly, the submissions made by the counsel for the LAC that the petitioner has no locus standi to file the present petition as he is the subsequent purchaser, holds no ground.

9. Having regard to the submissions made and the categorical assertion made in the counter affidavit filed by LAC as well by '. W.P.(C) 525312016 Page4of[5] 2018:DHC:8541-DB.0 I

10.

11. DDA, that part possession of the subject land has been taken and the compensation in respect of the entire area of subject land has not been paid to the petitioner and since the award has been announced more than five years prior to the commencement of the 2013 Act, the petitioner is entitled to a declaration under Section 24(2) of the 2013 Act that the acquisition proceedings initiated under the Act with regard to the subject land are deemed to have lapsed. It is ordered accordingly. It is also made clear that we h~ve:not expressed any opinion on the..... -. title of the above land. The:_qJ.;I_~#ior( oftitle of the subject land is '-~' '' -·_;·.:;·.:~·:,;·~_..:'..;··· >·-:.. left open to be decided in;·the ·apP,roJ?t.iate;court ofjurisdiction. The writ petition stands; c#sp~-~·e't(:d,i}~:the above terms. ·- --...,.",·':},:[:Y' • • '.- '· 1'": ·-·_··;i;~·!·';~:-.. ·..;. ~-~.~,·,~~·~,'"i,kl~c~~,~~{;;i G.S.SISTANI, J. --,~,·-}~~AN~~Tt\. ~~----.~. _s~. MARCH 20, 2018...,..:j