SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2019 Supreme(Del) 1179

IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, SANJEEV NARULA, JJ.
Mahender Singh - Appellant
Versus
Land Acquisition Collector - Respondent
Writ Petition (Civil) No. 11415 of 2018
Decided On : 19-02-2019

Advocates Appeared:
S.S. Dahiya, Adv., J.S. Dahiya, Adv., Nisha Dahiya, Adv., Yeeshu Jain, Adv., Jyoti Tyagi, Adv., Gigi C George, Adv.

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) - Acquisition - Award - Compensation not paid - Possession has not been taken over - Not approaching the Court for the relief of compensation for over a decade - Petitioner has not pleaded relevant facts to support his plea for relief in terms of Section 24 (2) of the 2013 Act - Contradictory statements in relation to the extent of land stated to be in the Petitioner's possession has been adverted - Land was acquired for public purposes of the Rohini Residential Scheme - Actual physical possession was not with the DDA - If such physical possession was not handed over to the DDA within ten days thereafter, the DDA would be deemed to be in possession of the lands in question - Writ petition is dismissed both on the ground of laches as well as on merits.

JUDGMENT :

S. Murlidhar, J.

The prayers in the present petition read as under:

"(i) A writ of Mandamus by declaring the Award No. 20/2005 06/DC (NW)dated 18.11.2005 lapsed qua the Khasra No. 7 of petitioner interms of section 24 (2) of Act 2013 as neither the compensation has been paid to the petitioner nor possession has been taken over of the subject land;

(ii) A writ of certiorari for quashing the impugned order No. F. LAC (NW)/UER-11/2018/1020-1025 dated 10-09-2018 qua the Khasra No. 7 total area comes to 13 Bighas 09 Biswa.

(iii) A writ of prohibition for restraining the respondent not to carry out further demolition and take possession of land without the sanctity of law;

(iv) A writ of Mandamus by declaring the Khasra No. 7 of the petitioner as private land in terms of notification No. F. No. 1- 33/UC/UD/Policy/2007/20670-20686 dated 12-12-07;.

(v) And/or pass any other writ/order/direction as the Hon'ble court deem fit and proper in the facts and circumstances of the case."

2. The admitted facts are that the notification under Section 4 of the Land Acquisition Act, 1894 (LAA) was issued on 21st March 2003 followed by declaration under Section 6 LAA on 19th March 2004.The impugned Award No. 20/2005-06/DC was passed on 18th November 2005. The case of the Petitioner is that he has not received any compensation and still remains in possession of the land in question and therefore is entitled to the relief under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("2013 Act").

3. In the petition it is stated that on 20th September 2018, the Respondent without issuing any notice to the Petitioner, demolished the boundary wall as well as the constructed built-up area which had 17 rooms. Photos of the allegedly demolished property have been enclosed along with the petition. This was in furtherance of the impugned order dated 10th September 2018, by which the subject land was transferred to the National Highways Authority of India (NHAI) "for the Development of NH-344 (UER-II)". The same order has been relied upon to contend that the possession of the land was not taken and continued to vest with the Petitioner. Although in the prayer clause the Petitioner appears to be claiming relief in relation to a total area of 13 bighas and 9 biswa of land, in para 14, his grievance is that the Respondents took forcible possession of land admeasuring 6 bigha and 1 biswa. This contradiction, though pointed out during the course of hearing, has not explained by the counsel for the Petitioner.

4. In the list of dates as well as in para 7 of the writ petition, the Petitioner has referred to a notification dated 12th December 2007 issued by the Urban Development Department of the Government of the NCT of Delhi, in relation to the regularization of unauthorized colonies and has averred as under:

"The Urban Development Department by its notification No. F. No. 1-33/UC/UD/Policy/2007/20670-20686 dated 12-12- 07held that as per revised guidelines 2007 for regularization of unauthorized colony in Delhi, the Govt. is pleased to define the Government/Public. So, even by virtue of above said notification the respondent cannot acquire the subject land and take over the physical possession of the land as no compensation of the subject acquired land has been paid and the physical possession of the land is still with the petitioner."

5. At the hearing of this petition on 23rd October 2018 learned counsel for the Land Acquisition Collector ('LAC') stated that possession of the land in question was still with the Delhi Development Authority ('DDA'). Mr. S.S. Dahiya, learned counsel for the Petitioner, however, pointed out that on 28th September 2018, possession of the land in question was taken over by the LAC. The Court then required the Respondents to clarify the position on the next date.

6. Today learned counsel for the LAC points out that the land was initially acquired for the public purp











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top