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DELHI HIGH COURT
SIDDHARTH MRIDUL, GAURANG KANTH
Citicap Housing Developments Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. ownership and possession claims regarding land. (Para 1 , 2 , 3 , 4) |
| 2. failure to acquire land or respond to requests. (Para 5 , 10 , 11) |
| 3. petitioner's rights to property and compensation. (Para 12 , 13 , 14 , 15) |
| 4. respondent's arguments on maintainability and delay. (Para 16) |
| 5. court's reasoning against writ jurisdiction. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 6. dismissal of writ petition and available remedies. (Para 24 , 25) |
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 court ruled that disputes regarding land possession and ownership require establishment of facts through appropriate statutory remedies, not simply through writ petitions.
The lawful possession of land cannot be violated by the State without due process; failure to acquire legally results in trespass, warranting restoration or formal acquisition proceedings under const....
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.
Where the deprivation of property without sanction of law is admitted and clearly established, there is no difficulty in applying above principle and, as such, a petition for compensation cannot be d....
State's unauthorized occupation of private property without acquisition violates Article 300A; unsubstantiated donation claims rejected; delay and laches no bar to compensation for continuing wrong. ....
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
Land Acquisition and Requisition – Right of compensation - Where right of compensation of petitioner/appellant is dependent upon proof of his title/ownership as well as on fact that whether land was ....
The main legal point established in the judgment is that the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 would not confer any benefit on the owner of the land if possession has been t....
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