Full Text
HIGH COURT OF DELHI
Date of Judgement:14th March, 2018
SOMENTI DEVI VERMA AND ORS. ...Petitioners
Through: Mr. K.S. Kashyap, Advocate.
Through: Mr. Yeeshu Jain, Standing Counsel with
Ms. Jyoti Tyagi, Advocate for L&B/LAC.
Mr. J.H. Jafri, advocate for respondent no. 2/DDA
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J. (Oral)
JUDGMENT
1. With the consent of the parties, the present writ petition is set down for final hearing and disposal.
2. 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 land comprised in Khasra No. 392/264, 393/264 and 402/268, situated in the revenue estate of village Chilla Saroda Bangar,Delhi (hereinafter referred as the 'subject land') stands 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 physical possession of the subject land has been taken nor compensation has been paid to the petitioners. 2018:DHC:1818-DB
3. In the present case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 17.11.1980 and a declaration under Section 6 was made on 22.09.1981. Thereafter, an award bearing no.39/82-83 was passed by the Land Acquisition Collector on 30.09.1982.
4. Mr. K.S. Kashyap, learned counsel for the petitioners submits that as the physical possession of the subject land has not been taken and compensation in respect thereof has not been paid, the petitioners would be entitled to a declaration under Section 24 (2) of the 2013 Act. Learned counsel further relies on the decision rendered by the Supreme Court in Govt. of NCT of Delhi Vs. Manav Dharma Trust and another, reported in 2017 (6) SCC 751, in response to the stand taken by LAC in the counter affidavit that the petitioners has no locus standi to file the present petition as he is not the recorded owner. Reliance is placed on para 28 of this judgment which reads as under:-
5. Mr. Yeeshu Jain, counsel for the LAC submits that actual vacant physical possession of the land comprised in Khasra NO. 393/264(77-09) was taken on 01.10.1982 and handed over to the requisitioning department, and the compensation amount in respect of Khasra No. 393/264min(76-9) and 392/264(9-2) has been paid to the recorded owner(s). However, with regard to Khasra NO. 402/268(1-10), no entry of payment has been made in the RD Register. Mr. Jain has also opposed this petition on the ground that the petitioners are claiming benefit under Section 24(2) of the 2013 Act based on General Power of Attorney and Agreement to Sell/WILL which cannot confer title on the petitioners as the same are not admissible mode of transfer. Relevant portion of the counter affidavit filed by LAC reads as under: "That it is submitted that for purpose of planned development of the Delhi, the answering respondent issued a Notification u/s 4 of the Land Acquisition Act, 1894 on 17.11.1980 which was followed by Notification u/s 6 of the said Act dated 22.09.1981for the acquisition of the lands falling in the khasra numbers under reference in village Chilla Saroda Bangar. That an award No. 39/82-83 dated 30.09.1982 was also passed and the actual vacant physical possession of the subject land falling in khasra number 393/264 min(77-09) was taken vide possession proceedings dated 1.10.1982 and handed over to the requisition agency on the spot. It is submitted that there came numerous claimants seeking compensation which was paid to them and some left unpaid. A complete chart is annexed showing therein the payment of compensation to numerous individuals is as follows:- Item No. Name of recorded owner Khasra No. & Area Bigha Biswa Compensation assessed in Rs. Possession has been taken/ not taken over Remarks 218 Vinita Dogra w/o P. K. Dogra 12/1529 share 4min (76--9) 5,520 Khasra NO. 393264(76-
9) has been taken over on 01/10/1982 As per RD Register item NO. 218 to 245/1 Rs.1840.00 paid to Krishan Kumar on 19/10/95. 219 Indiragur das w/o P.P. Gurdas 12/1529 share Do 5,520 Do Amount lying in RD 220 Mushtaq Ahmed w/o Mohd. Idris 20/1529 share Do 9,200 Do As per RD Register Rs. 9,200 paid to Mushtaq Ahmad on 21/11/83 221 Ishtaq Ahmed s/o Idris 20/1529 share Register Rs.9200 paid to Isfaq Ahmad on 14/12/82 222 Fehmida w/o ZiaUl- Ansari 26/1529 share Do 11,960 Do As per RD Register Rs.11960 paid on 6/1/83 223 Anwar Qayam s/o Abdul Qayam 15/1529 share Do 6,900 Do As per RD Register Rs.6900 paid on 6/1/83 224 Akbar Qayam 15/1529 share 225 Arshad Qayam 15/1529 share 226 Ishhaq Hussain s/o Ashiq Hussain 20/1529 share paid on 9/12/82 227 Aneesur Rehma s/o Rehman Beg 44/1529 Do 20,240 Do As per RD Register Rs.20240 paid on 9/12/82 228 Khursheed Anwar s/o Haji Ali 20/1529 share paid on 13/12/82 229 Sri Chand s/o Faquira Do 6,02,600 Do Item no. 229 to 245 as per RD Register.
1. Rs.9200 paid to Monorma Bajaj on 24/3/83
2. Rs. 1380 paid to Urmila Rani on 13/11/86
3. Rs.12880 paid to Nirmal Singh on 1/6/86
4. Rs. 1150 paid to Krishana Dhonda
5. Rs. 920 paid to Jagarnath on 13/4/89
6. Rs. 920 paid to jagdish chand on 24/4/89
7. Rs. 920 paid to Dinesh on 25/4/89
8. Rs.23400 paid to Ramphal on 03/05/91
9. Rs.165600 paid to Lachu on 10/5/91
10. Rs.165600 paid to Sarda Ram on 10/5/91
11. Rs. 1840 paid to Lachu on 13/12/92
12. Rs. 1840 230 Mahendra Singh s/o Faquira Do Do 231 Khimman s/o Jaimal Do Do 232 Ratia s/o Jaimal Do Do 233 Rumal s/o Dan Sahai Do Do 234 Ramphool s/o Chottu Do Do 235 Braham Singh s/o Chottu Do Do 236 Charan Singh s/o Chottu Do Do 237 Lachhu s/o Chander Do Do 238 Hote Ram s/o Chander Do Do 239 Azad Singh s/o Chander Do Do 240 s/o Chander Do Do paid to Het Ram on 31/12/92
13. Rs. 1840 paid to Azad Singh on 13/12/92
14. Rs. 1840 paid to Rohtas on 13/12/93
15. Rs.46460 paid to Sarda Ram on 12/2/93
16. Rs.58880 paid to Lachhu on 12/2/93
17. Rs. 18400 paid to Niranjan Das on 16/10/96
18. Rs.16100 paid to Jai Chand on 29/10/92 against item no. 242/1 & 282/1.
19. Rs.8280 each paid to Sarda & Pratap Singh on 31/12/92 against item NO. 241/1,2&281/1,[2] 241 Haria s/o Ramsaran Do Do 242 Jai Chand s/o Ramsaran Do Do 243 Ramphal s/o Lala Do Do 244 Lachhu s/o Chander Do Do 245 Sarda s/o Hari Chand Do Do Gaon Sabha Total Share of Item NO. 229 to 245/1(131 0/1529)as per NM. Do Do 42 Sh. Kartar Singh s/o Jai Chand (9-2) 73255.00/ Do As per AD Register Rs.65780/- paid to Sh. Kartar Singh s/o Chand on 29/12/92.
3. As per RD Register Item NO. 42 to 44 Rs.7350/- paid to Sh. Pritpal Singh
4. As per RD Register Rs.5232.50/paid to Sh. S K Sharma on 29/03/93 43 Sh. K C Gupta s/o R D Gupta Do 5232.50/-
44 Sh. S K Sharma s/o S N Sharma Do 5232.50/- Do 208 Sh. Vijay Pal s/o Shish Ram 1/9 share 402/268( 1-10) 1533.33/- Khasra NO. 402/268(1-
10) not taken on 01/10/82 As per RD Register no entry made for payment 209 Sh. Dharpal s/o Shish Ram 1/9 share Do 1533.33/- Do As per RD made for payment 210 Sh. Raj Pal s/o Shish Ram 1/9 share Do 1533.33/- Do As per RD made for payment 211 Sh. Asharfi s/o Sarup Singh 1/12 share Do 1150.00/- Do As per RD made for payment 212 Sh. Lakshman s/o Sarup Singh 1/12 share Do 1150.00/- Do As per RD made for payment 213 Sh. Lekh Ram s/o Ram Sarup 1/10 share Do 1380.00/- Do As per RD made for payment 214 Sh. Lekhi Ram s/o Ram share made for payment 215 Sh. Ram Kala s/o 216 Sh. Hansa Ram s/o 217 Sh. Mahender s/o Ram Sarup Do 1/10 share made for payment
6. Counter affidavit has also been filed by DDA, relevant portion of which reads as under: "It is submitted that Khasra No. 392/264 measuring area is 13 bigha & 13 biswas and Khasra No. 393/264 measuring area is 85 bigha & 9 biswas of Chilla Saroda Bangar. It is submitted that as per land record of DDA Khasra no. 392/264 min measuring area 9 bigha 2 biswa out of the total area 13 bigha & 13 biswas and from khasra no. 393/264 min measuring area 76 bigha & 9 biswas out of total area 85 bigha & 9 biswas has been acquired vide Award no. 39/82-83. The Physical possession of the same has been handed over to DDA by Land Acquisition Collector through Land & Building Department of NCT of Delhi 01.10.1982 and since then the land is at the disposal of DDA through notification under Section 22(1) no. F 8(68) 76/L& B dated 14.10.1982."
7. We have heard learned counsel for the parties.
8. The learned counsel for the petitioners has submitted that neither physical possession of the subject land has been taken nor compensation has been paid to the petitioners. Counsel has also submitted that the objections of the LAC regarding locus standi of the petitioners is misplaced in view of the observations made by the Supreme Court in Manav Dharma Trust (supra) where the rights of the subsequent purchaser have been recognised.
9. As per the counter affidavit filed by LAC as well as by the DDA, it clear that out of Khasra No. 392/264 measuring 13 bighas 13 biswas, the actual physical possession of only 9 Bighas 2 Biswas has been taken and compensation in respect thereof has been paid. It is further stated that out of Khasra No. 393/264 measuring 85 bighas 09 biswas, the actual physical possession of only 76 Bighas
9 Biswas has been taken and compensation in respect thereof has been paid. It is also evident from the record that with respect to the land comprised in Khasra No.402/268, neither the physical possession has been taken nor the compensation in respect thereof has been paid. As far as the objection with regard to the maintainability 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.
10. Having regard to the submissions made and the categorical assertion made in the counter affidavit filed by LAC that with respect to Khasra No.402/268 neither physical possession has been taken nor compensation in respect thereof has been paid 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.
11. It is also made clear that we have not expressed any opinion on the title of the above land. The question of title of the subject land is left open to be decided in the appropriate court of jurisdiction.
12. The writ petition stands disposed of in the above terms. G.S.SISTANI, J. SANGITA DHINGRA SEHGAL, J. MARCH 14, 2018 gr//