$~32

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6127/2017

PAVINDER GROVER .....Petitioner

Through: Mr. O.P.Gupta, Adv.

versus

UNION OF INDIA & ORS. ....Respondents

Through: Mr Sanjay Kumar Pathak Standing

Counsel with Mr Sunil Kumar Jha & MrMohdSuebAkhtar,Advs.forLAC

(9793585441)

Mr. Manu Chaturvedi, SC, MCD with Mr. Jamal Siddiqui & Mr. Kshitiz

Kishor Rai, Advs. (9315827955)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE MADHU JAIN

O R D E R

% 15.01.2026

1. This hearing has been done through hybrid mode.

2. The Court has perused the additional affidavit filed on behalf of Respondent No. 2 - Land Acquisition Collector (hereinafter “LAC”). The affidavitclearlyappearstobecontradictory,asthereisnocategoricalposition taken by the LAC in respect of the impugned notice dated 20^th September, 2016, issued to the Appellant. The relevant portion of the said affidavit reads

as under:

“6. That as per record available in the office of LAC (Central), the Award No. 12/LAC/N/2012-13 (Rani Jhansi Road) was announced on 31.05.2012 for construction of Grade Separator, Rani Jhansi Road in respect of land measuring 3429.84 sqm. Comprised in

KhasraNos.434min,435min,437min,441min,442min, 443min, 444min, 383min, 383min & 383min. The possession of land measuring 3429.84 sqm. was taken and handed over to the MCD on 29.08.2014. Thus, possession of total notified Area i.e. 3841 sqm. (411.16 + 3429.84) has been taken.

That it is submitted that a memorandum u/s 30-31 of the LA Act, 1894 was forwarded to the Hon'ble ADJ court in respect of property No. 6788 Beri Wala bagh Delhi (land measuring 25.2 sqm.) in the name of Kishan Lal Khera vide letter F. No. LAC/Central/2014/72 dated

19/09/2014.

8. That as per structure valuation report dated 22.06.2016 received from PWD, the area of Property No. 6788 Beri Wala bagh has been mentioned 25.2 sqm on each floor i.e. GF. FF, SF and TF. The total Plinth Area is 100.8 sqm. It is submitted that after getting valuation of structure, supplementary Award No.

12/LAC/C/17-18 was also made.

9. That in pursuant of and in confirmation with the direction of Hon'ble High court in WP(C) No. 7984/2010 titled Sh. Rafiq Ahmed & Anr., a notice was issued to Sh. Kishan Lal Khera in respect of Property No. 6788 Beri Wala Bagh GF, FF, SF, and TF in which the measurement of this property mentioned as 6.30 x

4.0 meters which comes to 25.2 sqm.

10. That it is submitted that the total land measuring 25.2 sqm. was acquired in the property No. 6788 Beri Wala bagh and the whole compensation of this property has been deposited in the Hon'ble ADJ court u/s 30-31 of LA Act. No compensation of land remains with the LAC in respect of Property No. 6788 Beri Wala Bagh.

11. That property no. 6788 belonging to the petitioner- Mr.Pavinder Grover wasneithernotified under Section 4 & 6 of the LA, Act nor award was passed in respect to the land of the petitioner. It is submitted that the property No. 6788 Beri Wala Bagh belonging to Sh. KishanLalKherawasnotifiedandacquiredvideAward no. 12/LAC/N/2012-13.

12. That so far as impugned notice no.LAC/C/2016/1320dated20.09.2016isconcerned,it is humbly submitted that in the record of LAC (Central), no such notice is available. It is further submitted that neither the land/property of the petitioner has been acquired nor possession of the same has been taken by the answering respondent

3. A perusal of the above would show that on the one hand, the stand of the LAC is that the land of Mr. Kishan Lal Khera has been acquired. The said Mr. Kishan Lal Khera is the person from whom the Appellant claims to have purchased a part of the subject property. However, by reading paragraph No. 11 & 12 extracted above, it is not clear as to what is the correct stand of the LAC in respect of acquisition of the subject property.

4. Let Dr. Atul Pandey, who has filed the said affidavit, remain present in Court on the next date of hearing, so that he can take a categorical position andmakeastatementastowhetherthepossessionoftheAppellant’sproperty has been taken