The court ruled that disputes regarding land possession and ownership require establishment of facts through appropriate statutory remedies, not simply through writ petitions.

JUDGMENT

Gaurang Kanth, J. The Petitioner has filed the present Petition, inter alia, seeking a direction against the Respondents to hand over/restore back the vacant and peaceful possession of the land bearing Khasra No. 965 measuring (0-13) in Village Bahapur, Tehsil Kalkaji, New Delhi ("land in questionS"). In the alternative, the Petitioner is seeking a direction against the Respondents to acquire the land in question under the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act, 2013 and pay compensation to the Petitioner or direct the Respondents to allot an alternative plot/residential house in the same locality of equal size having the same price as that of the land in question.

Facts as stated in the Petition

2. It is the case of the Petitioner that Khasra No. 965 situated in the revenue estate of Village Bahapur, Tehsil Mehrauli is a piece of land measuring 1 Bigha 7 Biswa. Out of the said Khasra, the Government acquired a land measuring 14 Biswa vide declaration under Section 3 of the Resettlement of Displaced Persons Land Acquisition Act, 1948 vide notification No.F.1(71)/48 LSG (1) dated 26.03.1949. The remaining land of 13 Biswa out of Khasra No. 965, i.e., the land in question, was not acquired by the Government and the same was in possession of its respective owners.

3. An agreement to sell dated 11.08.1986 was entered between (i) Sh. Chandgi Ram s/o Sh.Khes Chand; (ii) Sh. Jit Ram s/o Sh. Ramji Lal; (iii) Sh. Surender Singh s/o Sh. Zile Singh; (iv) Sh. Mahinder Singh s/o Sh. Zile Singh; (v) Smt. Kamlesh d/o Sh. Zile Singh; (vi) Smt. Indra d/o Sh. Medh Singh; (vii) Smt. Gulbir Verma wife of Sh. Manga Ram; (viii) Sh. Rakesh Kumar s/o Sh. Manga Ram; (ix) Smt. Prem d/o Sh. ManSingh; (x) Sh. Ajit Singh s/o Sh. Medh Singh; (xi) Smt. Minakshi d/o Sh. Manga Ram; (xii) Sh. Gagan s/o Sh. Manga Ram; and (xiii) Sh. Jai Bhagwan s/o Sh. Man Singh ("farmers") as sellers and M/s Aavishkar Estates Pvt. Ltd as buyer for the sale of the said land in question. M/s Aavishkar Estates Pvt. Ltd filed a suit for specific performance being Civil Suit No.36/93 titled as M/s. Aavishkar Estates Pvt. Ltd. Vs Chandgi Ram & Ors., before this Court. During the pendency of the said Civil Suit, M/s Aavishkar Estates Pvt. Ltd, with the consent of the farmers and with the permission of this Court, assigned all its rights, title and interest in the land in question in favour of the Petitioner. The said Civil Suit was compromised in terms of IA No. 4916/13. In pursuance of the order dated 15.07.1993 passed by this Court in Civil Suit No. 36/93, the Registrar of this Court executed the sale deed dated 08.11.1993 in favour of the Petitioner. In terms of the said registered sale deed dated 08.11.1993, the Petitioner is claiming itself to be the absolute owner of the land in question. Further, the land in question is mutated in the name of the Petitioner in the revenue records.

4. It is the case of the Petitioner that the land in question was in illegal possession of the Respondent No.3 (DDA) and hence they approached the Respondent No. 3 for handing over the possession of the land in question to the Petitioner. As Respondent No.3 failed to take any action on the said request, Petitioner approached this Court in W.P(C) 5204/1997. This Court, vide order dated 01.12.1997, was pleased to direct the parties to maintain status quo with regard to the land in question. The said Writ Petition was finally disposed of by this Court vide order dated 07.01.2003, which, inter alia,