Karampal v. Govt of NCT of Delhi and Ors

Delhi High Court · 29 Aug 2017 · 2017:DHC:8506-DB
S. Ravindra Bhat; R.K. Gauba
W.P.(C) 996/2017 & connected matters
2017:DHC:8506-DB
property petition_dismissed

AI Summary

Writ petitions seeking release of land under the RFCTLARR Act, 2013 were dismissed as withdrawn where compensation had been paid and possession taken under the Land Acquisition Act, 1894.

Full Text
Translation output
$-46 to 56 HIGH COURT OF DELHI
W.P.(C) 988/2017 & CM No.4612/2017
CHAMAN SINGH
VERSUS
GOVT OF NCT OF DELHI AND ORS
W.P.(C) 1069/2017 & CM No.4853/2017
KAMLESH
VERSUS
GOVT. OF NCT OF DELHI & ORS
W.P.(C) 1079/2017 & CM No.4952/2017
JAYVIR
VERSUS
W.P.(C) 1082/2017 & CM No.4997/2017
SATBIR
VERSUS
W.P.(C) 1087/2017 & CM No.4962/2017
JITENDER
VERSUS
W.P.(C) No.988/2017 connected matters Petitioner
Respondents Page I of4 2017:DHC:8506-DB
W.P.(C) 1094/2017 & CM No.5011/2017
SURESH
VERSUS
W.P.(C) 992/2017 8l CM No.4617/2017
JAGBIR
VERSUS
W.P.(C) 993/2017 & CM No.4619/2017
RAMPAL
VERSUS
W.P.(C) 994/2017 & CM No.4621/2017
CHARAN SINGH
VERSUS
W.P.(C) 995/2017 & CM No.4622/2017
KHAYALWATI
VERSUS
IV.P.(C) No.988/2017 & connected matters ..... Respondents
Page 2 of4
W.P.(C) 996/2017 & CM No.4623/2017
KARAMPAL Petitioner
VERSUS
GOVT OF NCT OF DELHI AND ORS Respondents Present: Mr. Sunil K. Goel and Mr. Lalit K. Rawal, Advs. for petitioner.
Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC.
Mr. Sanjeev Sabharwal, Standing Counsel with Ms. Ridhi, Adv. for respondent-DDA.
CORAM;
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE R.K. GAUBA
29.08.2017
ORDER

1. In these cases, a common order is made. However, the facts of each case are different and all the cases were heard independently.

2. In all these cases, the claim is for release of land and a declaration to that effect under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013. The appropriate Government in its counter affidavit has taken an identical plea: "6. That it is submitted that for purposes of planned development of Delhi, the answering respondent issued a Notification u/s 4 of the Land Acquisition Act, 1894 on 26.8.1957 which was followed by Notification u/s 6 ofthe said Act dated 26.8.1967 for the acquisition of the lands falling in village Khajuri Khas. That an Award No. 113/86-87 was fV. p. (C) No.988/2017 & connected matters Page 3 of[4] T passed and the actual vacantphysicalpossessionof thesubject land was taken on 23.9.1986 on the spot and handed over to the DDA after preparing possession proceeding on the spot. Pursuant to the taking of actual vacant physical possession of the subject land, the recorded owner/s applied for compensation and the same was accordingly released on 23.4.1991 as duly recorded in Statement-A. " 3, Learned counsel submits that he has instructions to withdraw these writ petitions and prefer afresh with better particulars as to whether compensation was in fact paid or not. It is evident from the abovepleadings that in fact amountswere paid. Therefore, if any further petition is filed, the same will bedealtwith accordingto law. ^ The writ petitions are dismissed as withdrawn.