IMPORTANT POINT
Lapse of land acquisition proceeding – In case a person has been tendered compensation, it is not open to him to claim that acquisition has lapsed under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to non-payment or non-deposit of compensation in court.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 9333 of 2014 by which the High Court has allowed the said writ petition preferred by the respondents herein and has declared that the acquisition with respect to the land in question is deemed to have lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act, 2013”), the North Delhi Municipal Corporation (NDMC) has preferred the present appeal.

2. In the present case, the lands of village Chowkri Mubarakbad were acquired vide Notification under Section 4 of the Act, 1894 dated 13.11.1959. The Award came to be passed on dated 20.02.1964. One Bodey S/o Munna Singh and Kalu Ram S/o Hetu were the recorded owners. According to the appellant, actual vacant physical possession of the subject land was taken over and handed over to the requisition agency. Till the writ petition was filed, neither the writ petitioners nor the recorded owners challenged the acquisition proceedings under the Act, 1894.

2.1 That the private respondents herein – original writ petitioners approached the High Court by way of present writ petition for a declaration that the acquisition with respect to the land in question is deemed to have lapsed under Section 24(2) of the Act, 2013. The original writ petitioners claimed the ownership over the land admeasuring 3000 sq. yards, i.e., 6 bigha from the share fallen to Bodey. It was the case on behalf of the original writ petitioners that neither the compensation has been tendered and/or paid to them nor the possession has been taken over and, therefore, entitled to declaration as prayed.

2.2 The Government of NCT of Delhi in its counter affidavit before the High Court has stated as follows:-

"7. That it is submitted that the lands of village Chowkri Mubarakbad were notified vide Notification under Section 4 of the Land Acquisition Act, 1894 dated 13.11.1959 which was followed by the Notification under section 6 of the Act dated 26.12.1962. The Award was also passed vide Award No.1686 dated 20.2.1964 and none of the petitioners and/or the recorded owner/s challenged the same and accepted the acquisition proceedings. In pursuance of the acquisition proceedings, the answering respondent has duly taken the actual vacant physical possession of the subject land falling in khasra number 165 (12-19) which has been bifurcated in two parts as 165 min (6-10) and 165 min (6-09) and the ownership as per the award is of Bodey S/o Munna Singh for (6-10) and for (6-09), the recorded owner has been shown as Kalu Ram S/o Hetu. It is pertinent to mention here that the petitioners have been claiming the relief for the land measuring 3000 square yards i.e. 6 bigha from the share fallen to Bodey i.e. (6-10): It is submitted that in W.P.(C) 9333/2014 pursuance of the Award, stated supra, the answering respondent has duly taken the actual vacant physical possession of the subject land falling in khasra number 165 (12-19) on 1.5.1964 and handed over the requisition agency. It is further submitted that the compensation was deposited with the Reference Court vide cheque number 389384 dated 3.9.1965 however the same was returned by the court of Ld. ADJ and thereafter deposited in Treasury vide cheque number 394710 dated 10.3.1967."

2.3 Despite the above, the High Court, by the impugned judgment and order has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed as the assessed compensation was never paid to the original owners – Bodey Singh or his acknowledged successor-in-interest – Panna Lal and instead the same was deposited sometime in the year 1967 with the Treasury. That thereafter, relying upon the decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Har