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HIGH COURT OF DELHI
Dharmesh Sharma, J
UDAIVEER & ORS. – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(C)-2504/2023
(A) Constitution of India, 1950 - Articles 14, 21, and 300 A - Writ petition seeking protection against dispossession and compensation for land - Petitioners failed to demonstrate legal title or interest in the land claimed, relying solely on jamabandi records without specific location details - Court emphasized that mere entries in revenue records do not confer ownership. (Paras 12, 13, 19, 21)
(B) Land Acquisition Act, 1894 - Acquisition and vesting of land - Court reiterated that once land is acquired, it vests in the State free from encumbrances, and any continued possession by individuals is deemed trespass. (Paras 19, 20)
Facts of the case:
The petitioners claimed ownership of agricultural land in Chak-Chilla, Delhi, asserting peaceful possession since British rule, but failed to provide concrete evidence of their claims. They alleged unlawful demolition of crops and cattle by authorities without due process.
Findings of Court:
The petitioners could not establish any legal right or title over the land, and their reliance on revenue records was insufficient to substantiate their claims.
Issues: The main issues were whether the petitioners had a legal right to the land and the legality of the demolition actions taken by the authorities.
Ratio Decidendi: The court ruled that mere entries in revenue records do not confer title, and possession of land vests with the State upon acquisition, treating any continued possession as trespass.
Result: Writ petition dismissed with costs of Rs. 5,000/- each against the petitioners.
| Table of Content |
|---|
| 1. claim of ownership (Para 1 , 7 , 8) |
| 2. historical possession (Para 2) |
| 3. land acquisition history (Para 3) |
| 4. construction of bridges (Para 4 , 5) |
| 5. alleged demolition (Para 6) |
| 6. court's order on demarcation (Para 9 , 10 , 11) |
| 7. petitioners' claims (Para 12) |
| 8. lack of evidence (Para 13 , 14) |
| 9. demarcation report (Para 15 , 16) |
| 10. legal principles (Para 17 , 18) |
| 11. possession and title (Para 19 , 20 , 22) |
| 12. writ petition outcome (Para 21) |
JUDGMENT :
1. The five petitioners invoke the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India, 1950, by seeking the following reliefs:
a) Issue a writ in the nature of mandamus or any other appropriate writ holding the act of Respondents in depriving the Petitioners of their property and livelihood as violative of Article 14, Article 21 and Article 300 A of the Constitution of India.
b) Issue a writ in the nature of mandamus or any other appropriate writ or directions restraining the respondents from disturbing the peaceful, physical possession of the petitioners over their respective parcels of the subject land; and directing the said respondent not to encroach and demolish / remove crops and cattle from the subject land that belongs to the petitioner;
c) A writ of mandamus or any other appropriate writ, order or direction to not disturb the possession of the petitioners on their land till the final disposal of this petition or it is decided by demarcation.
d) Issue a writ in the nature of mandamus or any other appropriate writ or directions for calling the revenue record, acquisition record of Village Chak-Chila, District South East, Delhi, and also calling the record of demarcation if any, undertaken by the respondents;
e) Cost of the petition may also be awarded in favour of the petitioners and against the respondents.
BRIEF FACTS
2. Shorn of unnecessary details, it is claimed that the five petitioners herein and their predecessors-in-interest, who are farmers and cattlemen, have, since the period of British rule, enjoyed lawful and peaceful possession of the agricultural land situated in the revenue estate of Chak-Chilla, District South-East, Defence Colony, Delhi, which falls on the north-eastern bank of the Yamuna River (hereinafter referred to as ‘subject land’), The petitioners have sought to rely upon the jamabandi records pertaining to the year 2012-2013 (Annexure P-7) issued by the Halqa Patwari, for the purpose of the determination of their ownership over the subject land.
3. It has been brought to the fore that over the last few decades, the territorial scope of the revenue estate of Chak-Chilla has been subjected to continuous alteration as a result of multiple acquisition and re-acquisition proceedings initiated by the appropriate authorities under the Land Acquisition Act, 1894. The chronological record of the land acquisition proceedings pertaining to the area forming part of revenue estate of Chak-Chilla is tabularised hereinunder:
| Area in Question | Status | Date | Purpose |
|---|---|---|---|
| 1779 bigha 01 biswa | Acquired vide Award passed under section 11 of the LA Act | 19.06.1992 | Planned Development of Delhi (Channelisation of Yamuna River) |
| 506 bigha 18 biswa (out of the acquired land) | De-notified vide notification published under section 48 of the LA Act | 25.01.1995 | - |
| 248 bigha 11 biswa (out of the acquired land) | De-notified vide notification published under section 48 of the LA Act | 12.01.1998 | - |
| 105 bigha 01 biswa (out of the de-notified portion) | Re-acquired vide Award passed under section 11 of the LA Act | 31.03.2000 | Construction of the Delhi-Noida Direct (DND) Bridge and another bridge on Yamuna River connecting DND bridge |
4. It is stated that the appropriate authority has constructed the Delhi Noida Direct (DND) bridge, spanning 1780 meters, and another connecting bridge on Yamuna River, spanning 710 meters, on the acquired land as per the Award dated 31.03.2000. However, much to the distress of the petitioners, the respondent No.
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