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2019 Supreme(Del) 1070
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. Muralidhar, Sanjeev Narula, JJ.
Shivi Talwar - Appellant
Vs.
Government Of National Capital Territory Of Delhi And Others - Respondents
Writ Petition (Civil) No. 1974 of 2015, 2296 of 2014, 1639 of 2015, 4097 of 2015, 4435 of 2015, 4529 of 2015, 9893 of 2015, 9920 of 2015, 9969 of 2015, 10089 of 2015, 10188 of 2015, 10307 of 2015, 10439 of 2015, 10445 of 2015, 10687 of 2015, 11566 of 2015, 11812 of 2015, 11824 of 2015, 11828 of 2015, 11832 of 2015, 148 of 2016, 149 of 2016, 310 of 2016, 667 of 2016, 1471 of 2016, 1644 of 2016, 7189 of 2017, 7236 of 2017, 8282 of 2015, 10149 of 2015, 10187 of 2015, 11811 of 2015, 11813 of 2015, 11826 of 2015, 11831 of 2015, 11833 of 2015, 11863 of 2015, 2596 of 2016, 7503 of 2017, 147 of 2016, Civil Miscellaneous Appliction No. 3543 of 2015, 25614 of 2015, 4817 of 2014, 2943 of 2015, 7327 of 2015, 27884 of 2015, 8050 of 2015, 23934 of 2015, 25709 of 2015, 24065 of 2015, 25748 of 2015, 24305 of 2015, 25148 of 2015, 25656 of 2015, 26183 of 2015, 27110 of 2017, 26216 of 2015, 10961 of 2015, 28190 of 2015, 30624 of 2015, 31371 of 2015, 31408 of 2015, 31415 of 2015, 31421 of 2015, 673 of 2016, 1268 of 2016, 7081 of 2016, 29806 of 2017, 29990 of 2017
Decided On : 08-03-2019
Deepika V Marwaha, Adv., Vinay Kumar Shailendra, Adv., Worthing Kasar, Adv., Alok Pandey, Adv., Raunika Johar, Adv., Sanjay Poddar, Adv., Yeeshu Jain, Adv., Sanjay Kumar Pathak, Adv., Jyoti Tyagi, Adv., K.K. Kiran Pathak, Adv., Sunil Kumar Jha, Adv., Govind Kumar, Adv., M.S. Akhtar, Adv., Dhanesh Relan, Adv., Rajeev Jha, Adv., Koma Sarout, Adv., B.S. Maan, Adv., Vishal Maan, Adv., Smita Maan, Adv., Mukesh Kr Tiwari, Adv., R. Mishra, Adv., Abhishek Rana, Adv., Shadan Farasat, Adv., Hafsa Khan, Adv., Arun Birbal, Adv., Sanjay Singh, Adv., Vikrant Goyal, Adv., Komal Sarout, Adv., Alok Pandey And Raunika Johar, Adv., Bhagvan Swarup Shukla, Adv., Shravan Kumar, Adv., Vinay Kumar, Adv., Shailendra, Adv., Naveen Kumar, Adv., Raheja, Adv., Mrinalini Sen, Adv., Niharika Jauhari, Adv., Pawan Mathur, Adv., And Raunika Johar, Adv., Through:Yeeshu Jain, Adv., Advocate With Jyoti Tyagi, Adv., Sanjay Vashistha, Adv., Anand Kumar Dubey, Adv., S.R. Sharma, Adv., Sanjay Vashishtha, Adv., Nikhil Goel, Adv., Gurpreet Hora, Adv., Siddharth Panda, Adv., N.S. Dalal, Adv., T. Banerjee, Adv., Aastha Jain, Adv., Rajneesh Sharma & B Mahapatra, Adv., B. Mahapatra, Adv., Shobhana Takiar, Adv., Shivani Jain, Adv., Padam Singh, Adv., Sehrawat, Adv., Jogender Kumar, Adv., Arjun Pant, Adv., Gauri Chaturvedi, Adv., Komal Sorout, Adv., Akshit Gadhok, Adv., Karan Sharma, Adv., Mohit Siwach, Adv., Y.K. Kapur, Adv., Bhushan Kapur, Adv.
Headnote:
Land Acquisition Act, 1894 - Section 6, 7, 17 - Acquisition - Adjacent land - Exclusion of period - Respondents are entitled to exclude the period of stay in respect of the adjacent land forming part of the same khasra numbers - There being a stay in one of the matters arising out of the same notification under Section 4 and a declaration under Section 6 of the LAA - Stay would be applicable across the board in all petitions - It is futile for the Petitioners to contend that the time period for the issues in Section 6 of the LAA notification has already expired - None of the Petitioners in this batch have challenged the validity of the Section 6 of the LAA notification issued afresh - De-notification of Development Area 176 - Court is not called upon to examine this contention in these petitions for the simple reason that the main relief sought is a declaration that no notification - Relief cannot be granted - Interim orders passed by this Court in the writ petitions are hereby vacated - Writ petitions and the pending applications are dismissed with - Petitioners in each petition in equal share of Rs. 10,000 each to the LAC and the DDA within four weeks.
S. Muralidhar, J.
All these petitions arise from a similar set of facts and raise identical questions of law. They are accordingly being disposed of by this common judgment.
2. The lead case is W.P.(C) No.1974 of 2015 by Mrs. Shivi Talwar. The averments in the said petition are therefore discussed hereafter in some detail. Relevant facts
3. Xxx xxx xxx
3.1 The facts preceding the filing of the lead petition are as follows:
3.2 On 18th March, 1993 an area comprising of 1983 hectare of land in village Malikpur Kohi @ Rangpuri was notified under Section 12 of the Delhi Development Act declaring the area as Development Area 176. On 1st June 1995 three notifications were issued under Section 4 read with Section 17(1) of the Land Acquisition Act, 1894 (LAA) for acquisition of different parcels of land in village Malikpur Kohi @ Rangpuri as under:
(i) Notification No.F.9(12)/95-L&B/LA/8431 for acquisition of land measuring 75 Bighas and 5 Biswa for the public purpose viz., construction of staff quarter for Government of National Capital Territory of Delhi (GNCTD);
(ii) Notification No.F.9(12)/95-L&B/LA/8388 for acquisition of land measuring 306 Bighas and 2 Biswa for the public purpose viz., construction of staff quarter for GNCTD.
(iii) Notification No.F.9(12)/95-L&B/LA/8474 for acquisition of land measuring 3284 Bighas for the public purpose viz., namely development of Vasant Kunj Phase-IV under the planned development of Delhi.
3.3 On 16th November 1995, Notification No.F.9/12/95/L&B/LA/8433 under Section 17 (1) of the LAA was issued. A declaration under Sections 6 and 7 of the LAA was issued directing the Collector to take orders before acquisition of the land measuring 75 Bighas 5 Biswa. On 17th November 1995, a Corrigendum pertaining to Khasra No.1497 and 1498 (9 bighas 12 biswa) of village Malikpur Kohi @ Rangpuri changing the purpose of acquisition from development of Vasant Kunj Phase-IV to staff quarter for GNCTD was issued.
3.4 On 17th November, 1995 Notification No.F.9/12/95/L&B/LA/8655 under Sections 6 and 7 of the LAA was issued directing the Land Acquisition Collector (LAC) to proceed for acquisition of the land measuring 9 Bigha 12 Biswa comprised in Khasra No.1497 and 1498.
3.5 On the same day, another Notification No.F.9/12/95/L&B/LA/8659 under Section 9 of the LAA was issued directing the LAC to take possession of the land measuring 9 Bigha 12 Biswa which was subject matter of Notification No.F.9/12/95/L&B/LA/8474 dated 1st June 1995.
3.6 On 16/17th November, 1995, a Notification bearing No.F.9/12/95/L&B/LA/8438 under Sections 6 and 7 of the LAA was issued directing the LAC to proceed for acquisition of the land measuring 306 Bigha 2 Biswa.
3.7 On 1st December, 1995 a Corrigendum Notification No.F.9/I2/95/L&B/LA/9541 was issued declaring that Section 17(1) of the LAA will not be applied on the land notified under Notification No.F.9/12/95/L&B/LA/8474 dated 1st June, 1995 except on Khasra No. 1497 and 1498.
3.8 W.P. (C) No.4789 of 1995 titled Vasant Kunj Enclave Housing Welfare Society v. Union of India was filed in this Court challenging two of the notifications dated 1 st June, 1995 wherein Section 17 (1) of the LAA had been invoked. The third notification of 1st June1995 was not challenged since Section 17 (1) and 17 (4) of the LAA, though earlier invoked, was revoked on 1st December, 1995 except on Khasra Nos.1497 and1498.
3.9 By an order dated 18th January, 1996 in W.P. (C) No. 4789 of 1995, this Court directed status quo to be maintained in respect of the abovementioned Notifications which were issued under Sections 4 and 17 of the LAA.
3.10 According to the Petitioners, on 30th May 1996 the earlier notification No. F.9 (12)/95-L&B/LA/8474 dated 1st June 1995 under Section 4 read with Section 17(1) of the LAA for acquisition of land measuring 3284 Bighas for the public purpose viz., development of Vasant Kunj Ph
