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2018 Supreme(Del) 529
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, SANGITA DHINGRA SEHGAL, JJ.
Bhoop Singh & Ors. – Petitioners
Versus
Union of India & Anr. – Respondents
W.P.(C) 11637 of 2016
Decided On : 20-04-2018
For the Petitioner:Dr. Sarabjit Sharma and Ms. Palak Vashisth, Advocates
For the Respondents:Ms. Maninder Acharya, Senior Advocate, ASG with Mr. Kirtiman Singh, CGSC, Mr. Kavindra Gill (G.P.), with Mr. Yashish Chandra, Mr. Sahil Sood, Mr. Harshul Choudhary and Mr. Viplov Acharya, Advocates for Mr. Ajay Verma, Senior Standing Counsel and Mr. Sanjeev Sabharwal, Standing Counsel for/DDA. Mr. Sanjay Kr. Pathak, Mr. Sunil Kr. Jha and Mr. Kushal Raj Tater, Advocates for/LAC/GNCTD. Ms. Vibha Mahajan Seth, Advocate for/DMRC. Mr. Rahul Kashyap, Director, Ministry of Housing & Urban Affairs
The importance of actual physical possession in land acquisition cases and the impact of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Headnote:
CPC - Impleadment - Order 1 Rule 10 - Section 151 of CPC - W.P.(C) 11637/2016 - Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Order 22 Rule-3 of CPC - Order 6 Rule 17 - Article 226 of the Constitution of India
Fact of the Case:
The court dealt with various applications related to impleadment, delay condonation, substitution of legal heirs, and amendment of memo of parties. The main writ petition sought a declaration that the acquisition proceedings pertaining to land had lapsed due to non-possession despite compensation being paid.
Finding of the Court:
The court allowed the applications for impleadment, delay condonation, substitution of legal heirs, and amendment of memo of parties. It vacated the interim order and directed the registry to number the applications.
Issues: Impleadment, delay condonation, substitution of legal heirs, amendment of memo of parties, and vacation of stay.
Ratio Decidendi: The court considered the possession proceedings, compensation payment, and enhanced compensation received by the petitioners. It also emphasized the importance of actual physical possession and the impact of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Final Decision: The applications for impleadment, delay condonation, substitution of legal heirs, and amendment of memo of parties were allowed. The interim order was vacated, and the applications were disposed of.
G.S. SISTANI, J.
CM No. To be numbered) (for exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
CM No. (To be numbered) (for impleadment)
This is an application under Order 1 Rule 10 of Code of Civil Procedure, 1908 (in short ‘CPC’), filed by applicant/DMRC for impleadment in the present writ petition.
Notice.
Mr. Sarabjit Sharma, counsel for the petitioners accepts notice. The prayer made in the application is not opposed. Accordingly, the application is allowed.
DMRC being a beneficiary party is impleaded as a party/respondent in the present writ petition. Let the amended Memo of Parties be filed.
The application is disposed of.
CM Nos.15263/2018, 15265/2018 & 15267/2018 (for delay)
These are applications filed by the applicants/petitioners seeking condonation of delay in filing the application for substitution of the legal heirs of the deceased petitioners.
Notice. Counsels for the non-applicants accept notice. The prayer made in these applications are not opposed. Accordingly, the delay in filing the applications is condoned.
The applications stand disposed of.
CM Nos.15262/2018, 15264/2018 & 15266/2018 (for substitution of legal heirs of deceased petitioners)
By the present applications filed under Order 22 Rule-3 of CPC, the petitioners/applicants wish to substitute the legal heirs of the deceased petitioner No.7 (ii), petitioner No. 3(i) and petitioner No.15 as mentioned in the applications.
The prayers made in these applications are not opposed. Accordingly, the applications are allowed. The names of legal heirs of the deceased petitioners as mentioned in the applications be substituted in the writ petition subject to just objections.
The applications are disposed of.
CM No.15268/2018 (amendment of memo of parties)
This is an application under Order 6 Rule 17 read with Order 1 Rule 10 of CPC, filed by applicants/petitioners for amendment in the memo of parties.
Notice.
The prayer made in the application is not opposed. Accordingly, the application is allowed.
Let amended memo of parties be filed.
CM No.15298/2018 & CM No. …… (To be numbered) (vacation of stay filed by the DDA & DMRC) in W.P.(C) 11637/2016
1. Present applications under Section 151 of CPC filed on behalf of applicant/respondent no.2/DDA and respondent/DMRC for vacation of stay.
2. Necessary facts to be noticed for disposal of these applications are that the petitioners have filed present writ petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings pertaining to their land is deemed to have lapsed, as actual physical possession has not been taken, although compensation stands paid. Reliance is placed on Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. While issuing notice in the matter on 14.12.2016, parties were directed to maintain status quo with regard to the nature, title and possession of the subject land. The interim order dated 14.12.2016 was confirmed on 27.11.2017 and the following order was passed:
“Counter affidavit has not been filed. Counsel for the LAC submits that the counter affidavit has been sent for signatures. She submits that she has instructions to submit that enhanced compensation has been paid. Let the counter affidavit be filed within one week. Rejoinder, if any, be filed within one week thereafter.
List on 13.12.2017.
CM.APPL 45859/2016 (stay)
Reply has not been filed. While issuing notice in this matter, parties were directed to maintain status quo with regard to the nature, title and possession of the subject land. The interim order dated 14.12.2016 is confirmed till the disposal of the writ petition with the modification that the parties would maintain status quo with regard to the nature, title, possession and construction of the subject land. This is subject to variation at the instance of either of the parties.
The application stands disposed of”.
4. Being aggrie
