The court highlighted the importance of due process and reasoned decision-making by the ADM/LAC in resolving ownership disputes and determining rightful recipients of compensation under the Land Acquisition Act, 1894.

G.S. SISTANI, J.

1. Pleadings are complete. With the consent of the parties, the writ petition is set down for final hearing and disposal.

2. This is a petition under Article 226 of the Constitution of India filed by the petitioner.

3. The necessary facts to be noticed for disposal of this writ petition are that the petitioner claims that his ancestors were the original residents of village Okhla, Delhi and were owners of ancestral agricultural land. It is also claimed that Mr. Abdul Alim S/o Late Shri Abdul Hameed @ Abdul Mujeeb (great grandfather of the petitioner) was in possession as a cultivator of the land comprised in Khasra no.125(1 bigha 5 biswa) at village Okhla, New Delhi. It is also claimed that the name of Abdul Alim is still reflected in the revenue records maintained by the respondents as a cultivator and in possession. The cultivatory rights of the land in question were purchased by Abdul Alim from one Mr. Niyader and the available revenue record from around 1947-48 onwards records the name of Abdul Alim as a buyer and the name of Mr. Niyadar as the seller. Copies of Jamabandi for the years 1947-48, 1960-61 and 1998-99 have been filed along with the writ petition. Also, copies of Khasra Girdawari for years 1973 to 1977, 2005 to 2009 and 2013 to 2015 have also been placed on record. It is also the case of the petitioner that Shri Abdul Alim expired on 03.09.1961 and prior to his death, he had made an oral Gift/Hiba as prescribed under the Mohammaden Law and the cultivatory rights of the said land bearing Khasra no. 125(1 bigha 5 biswa) at village Okhla, New Delhi to his grand-son Abdul Hannan, father of the petitioner.

4. It is the case of the petitioner that a Deed of Declaration dated 24.01.2014 was also executed by the witnesses of the oral Gift/Hiba bequeathed by Shri Abdul Alim in favour of his grand-son Abdul Hanan. A copy of such a Deed of Declaration has been placed on record to claim ownership over the land. The petitioner relies upon the Jamabandi for the year 1947-48, which records Abdul Alim as cultivator and in possession over the land and other revenue records, including the Declaration confirming Hiba dated 24.01.2014. It is also the stand of the petitioner that Mr. Abdul Hanan enjoyed the physical possession of the said land as a cultivator till the possession was taken over for purposes of construction of Janakpuri West-Botanical Garden, MRTS Project, Phase-III, Delhi.

5. A Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was issued on 09.05.2013 followed by a notice dated 20.05.2013 under Section 16 and 17 of the Act. The land of the petitioner was acquired for purposes of constructing of the pillar by Delhi Metro Rail Corporation (DMRC).

6. The complaint of the petitioner is that although he filed a claim petition under Sections 9 and 10 of the Act claiming to be the rightful owner of the land and further although a notice was issued to the petitioner on 20.02.2014, to which the petitioner replied on 28.02.2014, the compensation pertaining to the land was tendered to some third persons, who have no title, right or interest over the said land. It is also the case of the petitioner that from the year 2014 till date, the objections of the petitioner remain undecided.

7. Mr. Sah, learned counsel appearing on behalf of the petitioner seeks a direction to the Collector to decide the objections of the petitioner expeditiously and tender the compensation to the petitioner.

8. Counter affidavit has been filed by the LAC. Reliance is placed on paragraph 4 of the counter affidavit, which we reproduce below:

“4. That the present writ petition is liable to be dismissed as the petitioner is claiming the compensation of the land measuring (1-05) in khasra number 125 whereas the revenue record reflects the names of various recorded co-owners having different Nooru 1/2 share, Kedar 1/10th share, Babu 1/10th share, Ahmed 1/10th share, Ms. Nazaria 1/10th share, Jai