Compensation must be paid for un-acquired land vested in the Government under Section 17(1) of the Land Acquisition Act, and restoration of possession cannot be granted.

JUDGMENT

Anu Malhotra, J. The petitioner of W.P.(C) No. 13742/2019, Mr.Ranjeet Singh Khatri S/o late Sh.Tek Chand makes the following prayers:

"i) Issue a writ of certiorari for calling the revenue record from the office of respondents in respect of land of Khasra No. 23//6/2 total measuring 4 bigha 14 biswa, situated in the revenue estate of village Shahpur Garhi, Delhi;

ii) A writ of mandamus or any other appropriate writ, order thereby directing the respondents to restore the possession of the un-acquired land of the petitioner comprising in Khasra no. 23//6/2 (0-10) out of and measuring 4 bigha 14 biswa, situated in the revenue estate of village Shahpur Garhi, Delhi, which has been illegally taken by the respondents alongwith the other acquired land of the petitioner;

iii) A writ, order thereby directing the respondents to provide the passage to the petitioner to the land of Khasra no. 23//6/2 (0-10) situated in the revenue estate of village Shahpur Garhi, Delhi, from the acquired land of the respondents for his ingress and egress to his aforesaid un-acquired land;

iv) A writ, order thereby directing the respondents to pay the damages to the petitioner for illegal use and possession of the above land of Khasra No. 23//6/2 measuring 10 biswa by the respondents @ Rs.1,00,000/- per year from the date of illegally taking the possession of the above land of the petitioner, i.e. 24.01.1996 until possession of above land is handed over to the petitioner;

v) Award costs of the present petition in favour of the petitioner and against the respondents; and

vi) Issue any other or further appropriate writ, order or direction as this Hon'ble Court deems fit and proper ill the facts and circumstances of the case, in favour of the petitioner and against the respondents."

2. The petitioner of W.P.(C) No. 2536/2020, Mr.Satpal Singh, S/o late Sh.Buddhu @ Budh Ram has made identical prayers as made by Mr.R.S.Khatri, the petitioner of W.P.(C) No. 13742/2019 and thus, the respondents arrayed to both the petitions are identical as depicted hereinabove in the cause titles.

3. Sh. Tek Chand, F/o Sh.Ranjeet Singh Khatri and Sh.Buddhu @ Budh Ram, F/o Mr.Satpal Singh were brothers and Bhumidars of the land comprising in Khasra No.13//22/1(3-18), 14//25/1(3-00), 23//3(4-16), 4(4-16), 5(4-16), 6/2(4-14), 7(4-16), 8(4-16), 13(4-16), 14(4-11), 15(4-16), 16(2-12), 17(1-12), 18(0-18), 26(0-05), 24//l(4-16), 2(2-18), 9(0-14), 10(4-14), 11(3-12), 20(1-18), 15//1(3-12), 10(4-09), 26(0-06), 16//5/1(3-08), 5/2(0-16) and 6(4-16) total measuring 91 bigha 01 biswas, situated in the revenue estate of Village Shahpur Garhi, Delhi, to the extent of 1/2 share each and the khatauni of the year 1986-87 relating to Khata Khatauni No.6/4 placed on the record of both the petitions as Annexure-P1 is identical and the translated version thereof is reproduced as under:

4. On 05.04.1995, the appropriate Government issued a notification under under Section 4 of the Land Acquisition Act, 1894 to compulsorily acquire the land 733 bigha 10 biswas, situated in Village Shahpur Garhi, Delhi and the declaration under Section 6 of the said enactment was issued on 22.12.1995, copy of which is annexed as Annexure-P2 to both the petitions and