1994 Supreme(Del) 540
High Court Of Delhi
JIT SINGH - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 906 of 1990
Decided On : 08/10/1994
R.K.Khatri, Ravinder Sethi, V.K.Seth, V.P.Singh
Headnote:Constitution of India 1950 - Article 226 — petition challenging the acquisition of land — challenge made after about five years from making of Award — petition not maintainable on account of laches — additional compensation @ 12% granted due to delay in acquisition proceedings. (Para 4 to 11)
Land Acquisition Act 1894 - Section 4 & 6 — notification under — delay of 23 years in completing acquisition proceedings — writ petition challenging the acquisition filed after about five years from the date of Award — not maintainable — however additional compensation @ 12% granted to mitigate the hardship on account of delay. (Para 4 to 11)
( 1 ) THE petitioners seek quashing of the notification issued under Section 4 of the Land Acquisition Act which is dated 30. 10. 1963 as also a declaration made under Section dated 16. 1. 1969 as well as all subsequent proceedings in respect of the petitioner s lands referred in the writ petition. There are quite a large number of lands, if khasra Numbers is an indication. According to the petitioners they are still in possession of the lands and are residing therein. Admittedly, the lands were notified for acquisition for the development of Narela Township. The petitioners nowhere plead ignorance of the proceedings. According to the petitioners the preliminary notification under section 4 was issued on 30. 6. 1963 and a declaration under Section 6 was made on 16. 06. 1969. However, award came to be made only on 22. 09. 1986. Petitioners further asserted that inspite of the award they continued to be in possession. They question the validity of the acquisition proceedings in view of the delay involved. There has been a delay of 23 years between the date of Section 6 declaration and the award made in the year 1986. They also contend that the purpose of the acquisition has been lost and the lands in question are not required for the development because the period fixed for the Master Plan for Narela is over since long.
( 2 ) THE first respondent, DDA on the other hand contends that the possession was taken immediately after the passing of the award and the lands are being used for the developmental purposes. The vast development that has taken place in the locality is explained in the counter affidavit filed on behalf of the DDA. This is referred as reply on behalf of the DDA to the application under Order 39 Rule 1 (in C. M. No. 1335/90 ).
( 3 ) I am of the view that the statement of the first respondent in this regard shall have to be accepted and that the developmental scheme is being implemented as stated in the said affidavit. There are several co-owners who have filed an application under Order 1 Rule 10 Civil Procedure Code who oppose the prayer made in the writ petition. However, the fact remains that the title of the petitioners as co-owners has been recognised by the Civil Court in the apportionment proceedings under the provisions of the Land Acquisition Act. Therefore, the locus standi of the petitioners to question the proceedings cannot be questioned.
( 4 ) HOWEVER, it has to be considered whether the petitioners are entitled to the reliefs sought for by them. The writ petition was filed on 16. 3. 1990. Admittedly, the award was made on 29. 6. 1986. The other notifications were far earlier, one in the year 1963 and the other in the year 1969. In the circumstances I do not think that the petitioners are entitled to invoke the writ jurisdiction of this court. It is too late in the day for them to challenge the acquisition proceedings. This apart they have invoked the provisions of the Land Acquisition Act claiming compen- sation and their title has been substantially recognised by the Civil Court. Only because the Civil Court upheld their title it does not mean that the petitioners could file the writ petition thereafter in the year 1990. In Ramjas Foundation and others Vs. Union of India and others; 1993 (50) DLT 23, the Supreme Court rejected similar challenges to the acquisition proceedings filed after several years. In fact at para 13 of the decision the Supreme Court notices that the attack was mainly to the 2 notifications issued under Section 4 and 6 of the Act; they were issued far curlier to the date of filing of the writ petition and there was no challenge to the proceedings under Section 9 and 10 of the Act.
( 5 ) IN Bharat Singh and others Vs. Union of India and others: C. W. P. 1106 to 1108/1981 decided on 20. 7. 1993, again the Supreme Court rejected the writ petition on the ground that the purpose of the acquisition viz. planned development of Delhi was a public purpose and,