Full Text
HIGH COURT OF DELHI
Date of Decision: AUGUST 16, 2017
DEVINDER & ORS. ..... Petitioners
Through : Appearance not given.
Through : Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC.
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (OPEN COURT)
JUDGMENT
1. This matter was originally listed on 14.08.2017. Since 14.08.2017 was declared a Court holiday, this matter is listed today.
2. The petitioners seek declaration that the acquisition of their land to the extent of 1/3rd (06-03) share in Khasra No. 19(1-6), 21 Min (2- 0), 287/111 (0-11) & 294/111-112 (14-12) measuring 18 bighas and 9 biswas situated in the Revenue Estate of Village Khajuri Khas, Shahdara, Delhi (hereinafter referred to as ‘suit land’) has lapsed by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’).
3. The petitioners claim that a notification under Section 4 of the Land Acquisition Act, 1894 (old Act) was issued on 26.08.1967; it 2017:DHC:4460-DB included the suit land. A declaration was issued under Section 6 on 22.01.1968. The award bearing No.113/86-87 dated 19.09.1986 was made by the Land Acquisition Collector.
4. The petitioners aver that pursuant to the award neither possession of the suit land was taken over by the respondents nor any compensation thereof was ever paid or tendered. Relying upon Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., 2014 (3) SCC 183, counsel urged that the acquisition has lapsed since five year period indicated in Section 24(2) of the Act has ended.
5. The Govt. of NCT of Delhi through LAC, in its counteraffidavit, states in Para (4):
6. It is evident that though the possession of the suit land was taken by the respondents, however, its compensation was never offered or paid to the recorded owners. The counter-affidavit is silent if at any time compensation was offered to any specific individual. Nothing is on record to infer if the recorded owner(s) of the suit land declined to accept the compensation so offered. As per Pune Municipality case (supra), it was the respondents’ duty to offer compensation to the ‘person interested’ in compliance of the provisions of the old Act.
7. Since the compensation for the acquisition of the suit land has not offered or paid to the petitioners, they are entitled to the declaration sought under Section 24(2) of the Act. Accordingly, it is held that acquisition of the suit land to the extent of 1/3rd (06-03) share in Khasra No. 19(1-6), 21 Min (2-0), 287/111 (0-11) & 294/111-112 (14-12) measuring 18 bighas and 9 biswas situated in the Revenue Estate of Village Khajuri Khas, Shahdara, Delhi has lapsed by virtue of Section 24(2) of the Act.
8. The writ petition is allowed in the above terms. Pending application also stands disposed of.
S.P.GARG (JUDGE)
S. RAVINDRA BHAT
(JUDGE) AUGUST 16, 2017 / tr