Land acquisition proceedings do not lapse under Section 24(2) if compensation is deposited in court, even if possession is not taken, unless the landowners can prove deprivation of compensation.

JUDGMENT :

NITIN WASUDEO SAMBRE, J.

1. Heard finally by consent of parties through their counsel.

2. The prayer in the petition is for issuance of order or direction thereby declaring the acquisition proceedings initiated in respect of land of the petitioners bearing Khasra No. 2341 admeasuring 4 bighas 14 biswas in village Basai Dara Pur, Delhi having lapsed in view of Sub- Section (2) of Section 24 of RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (hereinafter shall be referred to as ‘Act of 2013’ for the sake of brevity). The petitioners have further sought an injunction restraining the respondents from interfering with the peaceful possession and enjoyment of property of the petitioners referred above.

3. The facts which are necessary for deciding the present petition are as under:-

a. Khasra No. 2341 to the extent of 4 bighas 14 biswas in the record of rights of village Basai Dara Pur, Tehsil and District Delhi in Khewat No. 314, Khatauni No. 658 is shown to be in the ownership and possession of one Shri Mohan Lal s/o Shri Bhagwan. The said ownership was reflected way back in the year 1959. Shri Mohan Lal is the deceased father of the petitioners. The land referred (hereinafter shall be referred to as ‘the acquired land’).

b. Under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter shall be referred to as ‘Act of 1894’for sake of brevity), a notification came to be issued on 13^th November, 1959, whereas under Section 6 of the said Act, the notification came to be issued on 23^rd November, 1963. The object and public purpose of the acquisition was shown to be requirement for the purpose of land development of Delhi and the beneficiary was said to be Delhi Development Authority(‘DDA’).

c. An Award being Award No. 1717 came to be delivered on 29^th May, 1964 under the Act of 1894. Since the compensation offered by the Land Acquisition Officer at the rate of Rs.2.50/- per square yard, i.e. Rs.2500/- per bigha was very low, recourse was taken by late Shri Mohan Lal to the remedy for grant of enhanced compensation under Section 18 of the Act of 1894 on 20^th August, 1964.

d. Based on the Award, the Land Acquisition Collector (‘LAC’) submitted Form ‘A’ on 16^th February, 1965 along with Cheque bearing No. OC/16/385710 dated 16^th February, 1965 for an amount of Rs.13,512.50/- being an amount forwarded to Ld. ADJ Court under Section 31 (2) of the Act of 1894.

e. The reference submitted by the deceased father of the petitioners Shri Mohan Lal under Section 18 of the Act of 1894 was forwarded by the LAC on 10^th March, 1965 to the Civil Court.

f. It appears that the amount of compensation deposited by the acquiring body before the LAC was also claimed by one M/s Bharat Builders & Colonisers (hereinafter shall be referred to as the ‘Objector’) as a sequel of which, the reference under Section 30 /31 of the Act of 1894 was referred by LAC to the competent Civil Court on or about 30^th April, 1965.

g. It appears that a title dispute in relation to the land acquired between the late father of the petitioners – Shri Mohan Lal and Objector was a subject matter pending for consideration before the High Court and at the behest of late father of the petitioners – Shri Mohan Lal in LAC No. 222 of 1965, the proceedings for disbursement appears to be stayed vide order dated 6^th May, 1965.

h. A Civil Suit bearing No. 743 of 1975 came to be initiated by the Objector seeking decree for damages against deceased Shri M