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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Gurcharan Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners possess land acquired under the 1894 act. (Para 1 , 2) |
| 2. status quo order allows preservation of land ownership. (Para 3) |
| 3. respondents contested the petition’s validity. (Para 4 , 6) |
| 4. court's analysis distinguishes between acquisition acts. (Para 5 , 9) |
| 5. acquisition remains valid despite non-utilization of land. (Para 10 , 11) |
| 6. petition dismissed due to lack of standing. (Para 12 , 13) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J. The six petitioners have filed this petition, (i) impugning the undated notice issued by the Additional District Magistrate (ADM)/Land Acquisition Collector (LAC), District South-West, Kapashera, New Delhi, informing the general public that physical possession of land subject matter of Award No.08/2008-09 would be taken on 24th June, 2021, for construction of Urban Extension Road- II (UER-II); and, (ii) for declaring the Award No.08/2008-09 as null and void.
2. It is the case of the petitioners, that (i) the petitioners no.1 to 4 viz. Gurcharan Singh, Kanwaljeet Singh, Surjit Singh and Gurbax Singh are brothers, and since about the year 2000, jointly own built up plot nos.7, 8 and 9 ad-measuring 554 sq.yds. out
Acquisition proceedings under the Land Acquisition Act do not lapse due to non-utilization or changes in public purpose; once land is vested, owners lose rights irrespective of subsequent development....
The court emphasized that the petitioners' claims lacked merit as no land was released in favor of private builders, and the petitioners' grievances were based on disputed questions of facts.
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
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