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$-42 HIGH COURT OF DELHI
W.P. (C) 9615/2015, CM APPL.22774/2015
POOJA GARG Petitioner
Through: Mr. Akhil Sachar, Advocate.
W.P. (C) 9615/2015, CM APPL.22774/2015
POOJA GARG Petitioner
Through: Mr. Akhil Sachar, Advocate.
VERSUS
THE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI & ORS Respondents
Through: Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate.
Ms. Mrinalini Sen and Ms. KritikaGupta, Advocates for DDA.
Through: Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate.
Ms. Mrinalini Sen and Ms. KritikaGupta, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE YOGESH KHANNA
25.04.2017 In this petition the relief claimed is the declaration that the acquisition of land in question i.e., khasra no.51/21/1 (to the extent of
1-16) situated at village Pehlad Pur, Hangar, New Delhi is deemed to have been lapsed under Section 24 (2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Notification under Section 4 was issued on 21.03.2003; followed up by declaration under Section 6 on 19.03.2004. On
12.07.2005, Award was published.
HON'BLE MR. JUSTICE YOGESH KHANNA
25.04.2017 In this petition the relief claimed is the declaration that the acquisition of land in question i.e., khasra no.51/21/1 (to the extent of
1-16) situated at village Pehlad Pur, Hangar, New Delhi is deemed to have been lapsed under Section 24 (2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Notification under Section 4 was issued on 21.03.2003; followed up by declaration under Section 6 on 19.03.2004. On
12.07.2005, Award was published.
W.P. (C) 9615/2015 ' of2
2017:DHC:8139-DB The respondents in their counter affidavit dispute the petitioner's contentions with respect to possession and rely upon the possession proceedings of 31.08.2005. However, the counter affidavit of the Land
Acquisition Collector is silent as to the tendering or payment of compensation to the land owners; in fact the appropriate government admits that compensation was not paid in the manner knownto law, i.e., in accordancewith Pme Municipal Corporation and Anr v. Harakchand
Misirimal Solanki and Ors (2014) 3 SCC 183.
Having regard to the documents on the record, the Court is of the opinion that the possession of the lands were taken over on 31.08.2005.
However, since the respondents have admitted that the compensation amount was not tendered to the petitioner, the declaration sought ought to be granted. In the circumstances, it is hereby declared that the acquisition of the petitioner's land to the extent of 1-16, khasra no.51/21/1 situated at village Pehlad Pur, Bangar, New Delhi is deemed to have lapsed in terms of Section 24 (2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This declaration will not preclude the respondents from acquiring the land afresh provided they do so in terms of the said Act.
The writ petitionis allowedin the aboveterms. 1 ve terms. 1
S. RAVINDRA BHAT,J YOGESHKHANNA,J APRIL 25, mHvikas!
2017:DHC:8139-DB The respondents in their counter affidavit dispute the petitioner's contentions with respect to possession and rely upon the possession proceedings of 31.08.2005. However, the counter affidavit of the Land
Acquisition Collector is silent as to the tendering or payment of compensation to the land owners; in fact the appropriate government admits that compensation was not paid in the manner knownto law, i.e., in accordancewith Pme Municipal Corporation and Anr v. Harakchand
Misirimal Solanki and Ors (2014) 3 SCC 183.
Having regard to the documents on the record, the Court is of the opinion that the possession of the lands were taken over on 31.08.2005.
However, since the respondents have admitted that the compensation amount was not tendered to the petitioner, the declaration sought ought to be granted. In the circumstances, it is hereby declared that the acquisition of the petitioner's land to the extent of 1-16, khasra no.51/21/1 situated at village Pehlad Pur, Bangar, New Delhi is deemed to have lapsed in terms of Section 24 (2) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This declaration will not preclude the respondents from acquiring the land afresh provided they do so in terms of the said Act.
The writ petitionis allowedin the aboveterms. 1 ve terms. 1
S. RAVINDRA BHAT,J YOGESHKHANNA,J APRIL 25, mHvikas!
W.P. (C) 9615/2015
2017:DHC:8139-DB
2017:DHC:8139-DB
JUDGMENT