2022 Supreme(Del) 1265

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Ajay Beri - Appellant
Versus
Estate Officer-iii (delhi Urban Shelter Improvement Board) & Anr. - Respondents
W.P.(C) 7125/2022 & CM Appl. 21872/2022
Decided On : 30-08-2022

Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, it vests in the State free from all encumbrances. Under Sections 16 and 17, the acquired property becomes the property of the Government without any limitation or condition either as to title or possession.

Headnote:

PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 - SECTION 5(1) - PUBLIC PREMISES - POSSESSION - VESTING - ACQUISITION - LAND ACQUISITION ACT, 1894 - SECTION 4 - SECTION 6 - SECTION 16 - SECTION 17 - SECTION 24(2) - POSSESSION OF LAND - TAKING OVER - PHYSICAL POSSESSION - VESTING OF LAND - TITLE - OWNERSHIP - ENCUMBRANCES - TRESPASSER - SCOPE OF WRIT JURISDICTION - ERROR APPARENT ON THE FACE OF THE RECORD - JUDICIAL REVIEW - ARTICLE 226 OF THE CONSTITUTION OF INDIA.

Fact of the Case:

Petitioner challenged the orders passed by the Estate Officer and the District Judge, rejecting the appeal filed by the petitioner against the order passed by the Estate Officer under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1974. The petitioner claimed that the land in question was never vested in the Government as the possession of the land, whether formal or physical, had never been taken by Land Acquisition Collector (LAC) under Section 16 of the Land Acquisition Act, 1894. It was also contended that acquisition proceedings have not been completed by the LAC till date and the land in question continues to remain under the possession and control of the petitioner. The petitioner purchased the property in question subsequent to notification under Section 4 and 6 of the Land Acquisition Act. There is no illegality committed since the Delhi Land (Restriction on Transfer) Act, 1972, which inter alia by virtue of Section 3, prohibited sale and purchase of any property under acquisition by the Government, came into force from 14th January 1972 and it had no retrospective application.

Finding of the Court:

The Court held that the land in question was acquired under the provisions of the Land Acquisition Act, 1894 and an Award bearing No. 1691 dated 23rd March 1964 was passed. The formal possession of the aforesaid mentioned Khasras were taken over by the then Tehsildar, JJ, MCD from Land & Housing Department on 10th June 1965 under JJR Scheme, Madipur. By virtue of this acquisition and taking over of the possession of the land by the then Tehsildar, respondent became the owner of the land in question. The Court further held that the petitioner has already taken the advantage and benefit from the Government in the nature of alternative plot. He continued to unlawfully occupy the public land in question to the detriment of the public purpose despite ceasing to hold any legal or equitable right to hold on to the possession of the land in question. It is also matter of record that the land in question was transferred to the MCD, Slum Clearance Scheme on 10th June 1965 much before the execution of the sale deed in favour of the petitioner dated 30th November 1967 and there is no iota of evidence available on record that the petitioner was the owner of the land on the date of passing of Award bearing No. 1691 dated 23rd March 1964 or he had any right or interest in the same.

Issues: 1. Whether the land in question was acquired under the provisions of the Land Acquisition Act, 1894? 2. Whether the petitioner has already taken the advantage and benefit from the Government in the nature of alternative plot? 3. Whether the petitioner continued to unlawfully occupy the public land in question to the detriment of the public purpose despite ceasing to hold any legal or equitable right to hold on to the possession of the land in question?

Ratio Decidendi: 1. The Court held that the land in question was acquired under the provisions of the Land Acquisition Act, 1894 and an Award bearing No. 1691 dated 23rd March 1964 was passed. The formal possession of the aforesaid mentioned Khasras were taken over by the then Tehsildar, JJ, MCD from Land & Housing Department on 10th June 1965 under JJR Scheme, Madipur. By virtue of this acquisition and taking over of the possession of the land by the then Tehsildar, respondent became the owner of the land in question. 2. The Court further held that the petitioner has already taken the advantage and benefit from the Government in the nature of alternative plot. He continued to unlawfully occupy the public land in question to the detriment of the public purpose despite ceasing to hold any legal or equitable right to hold on to the possession of the land in question. 3. It is also matter of record that the land in question was transferred to the MCD, Slum Clearance Scheme on 10th June 1965 much before the execution of the sale deed in favour of the petitioner dated 30th November 1967 and there is no iota of evidence available on record that the petitioner was the owner of the land on the date of passing of Award bearing No. 1691 dated 23rd March 1964 or he had any right or interest in the same.

Final Decision: The writ petition was dismissed.