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HIGH COURT OF DELHI
SHRI RANJEET SINGH KHATRI – Appellant
Versus
UNION OF INDIA AND ORS. – Respondent
W.P.(C)-13742/2019
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The case involves two writ petitions: W.P.(C) No. 13742/2019 filed by Shri Ranjeet Singh Khatri and W.P.(C) No. 2536/2020 filed by Satpal Singh, both against Union of India, Delhi Development Authority (DDA), Govt. of NCT of Delhi, and Land Acquisition Collector (North). (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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Both petitioners are successors-in-interest to brothers Sh. Tek Chand and Sh. Buddhu @ Budh Ram, who were bhumidars of land totaling 91 bigha 01 biswas in various khasras in Village Shahpur Garhi, Delhi, as per khatauni of 1986-87 (Khata Khatauni No.6/4). (!) (!) (!) (!) (!) (!) (!)
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Notification under Section 4 of Land Acquisition Act, 1894 issued on 05.04.1995 for 733 bigha 10 biswas in Shahpur Garhi, including relevant khasras like 23/2 to 23/9; declaration under Section 6 issued on 22.12.1995. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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Award No. 19/1997-98 dated 19.12.1997 by LAC (Narela) acquired 90-05 bighas from petitioners' land, including Khasra No. 23//6/2 only to the extent of 4-04 bighas, leaving 0-10 biswas unacquired out of total 4-14 bighas in that khasra. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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Possession of entire land, including Khasra No. 23/6/2 (4-14), taken on 24.01.1996 and handed over to L&B Department/DDA; possession proceedings confirm handover of 636 bigha 17 biswas as vacant, with permissions for crop cutting. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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Compensation paid: To Sh. Tek Chand (father of Ranjeet Singh Khatri) Rs.12,06,187 after TDS on 24.06.1998 for half share; to Satpal Singh Rs.30,15,452 after TDS on 24.06.1998 for 1/8th share; certificate dated 25.02.1999 confirms payment for acquired portions. (!) (!) (!) (!) (!) (!) (!) (!)
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Petitioners applied for alternative plots on 23.03.1999; co-sharers Harpal Singh and Jaipal Singh recommended in 2014, but petitioners' applications rejected in 2014 citing partial non-acquisition of 10 biswas in Khasra 23/6/2 per Supreme Court judgment policy. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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Earlier writs W.P.(C) 9316/2014 and 4329/2014 dismissed/challenged rejections; demarcation applications filed in 2018 pending. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
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RTI reply dated 09.12.2019 confirms acquisition of Khasra 23/6/2 (4-04) via Award 19/97-98 and 23/6/1 (0-02) via earlier award; possession of 23/6 (4-16) given on 24.01.1996. (!) (!) [p_469
W.P.(C).No.13742/2019 & W.P.(C).No.2536/2020 Page 1 of 32
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 16.03.2022
Date of decision: 26.04.2022
+
W.P.(C) No. 13742/2019
SHRI RANJEET SINGH KHATRI
..... Petitioner
Through:
Mr. I.S. Dahiya, Advocate.
Versus
UNION OF INDIA
.....Respondent No.1
DELHI DEVELOMENT AUTHORITY
.....Respondent No.2
GOVT. OF NCT OF DELHI
.....Respondent No.3
LAND ACQUISITION COLLECTOR (NORTH) ....Respondent No.4
Through:
Mr. Vikrant N. Goyal, Advocate for
R-1/UOI.
Mr. Sanjay Poddar, Sr. Advocate, Mr.
Nitin Mishra & Mr. Govind Kumar,
Advocates for R-2/DDA.
+
W.P.(C) No. 2536/2020& CM APPL. 45193/2021
SATPAL SINGH
..... Petitioner
Through:
Mr. Aayush Agarwala, Advocate.
Versus
UNION OF INDIA
.....Respondent No.1
DELHI DEVELOMENT AUTHORITY
.....Respondent No.2
GOVT. OF NCT OF DELHI
.....Respondent No.3
LAND ACQUISITION COLLECTOR (NORTH) ...Respondent No.4
Through:
Mr. Vikrant N. Goyal, Advocate for
R-1/UOI.
Mr. Sanjay Poddar, Sr. Advocate, Mr.
Nitin Mishra & Mr. Govind Kumar,
Advocates for R-2/DDA.
Mr. Yeeshu Jain, Adv. for R-3 & 4.
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001610
W.P.(C).No.13742/2019 & W.P.(C).No.2536/2020 Page 2 of 32
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J
1.
The petitioner of W.P.(C) No. 13742/2019, Mr.Ranjeet Singh
Khatri S/o late Sh.Tek Chand makes the following prayers:-
“i) Issue a writ of certiorari for calling the revenue
record from the office of respondents in respect of land
of Khasra No. 23//6/2 total measuring 4 bigha 14 biswa,
situated in the revenue estate of village Shahpur Garhi,
Delhi;
ii) A writ of mandamus or any other appropriate writ,
order thereby directing the respondents to restore the
possession of the un-acquired land of the petitioner
comprising in Khasra no. 23//6/2 (0-10) out of and
measuring 4 bigha 14 biswa, situated in the revenue
estate of village Shahpur Garhi, Delhi, which has been
illegally taken by the respondents alongwith the other
acquired land of the petitioner;
iii) A writ, order thereby directing the respondents to
provide the passage to the petitioner to the land of
Khasra no. 23//6/2 (0-10) situated in the revenue estate
of village Shahpur Garhi, Delhi, from the acquired land
of the respondents for his ingress and egress to his
aforesaid un-acquired land;
iv) A writ, order thereby directing the respondents to pay
the damages to the petitioner for illegal use and
possession of the above land of Khasra No. 23//6/2
measuring 10 biswa by the respondents @ Rs. 1,00,000/-
per year from the date of illegally taking the possession
of the above land of the petitioner, i.e. 24.01.1996 until
possession of above land is handed over to the
petitioner;
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001610
W.P.(C).No.13742/2019 & W.P.(C).No.2536/2020 Page 3 of 32
v) Award costs of the present petition in favour of the
petitioner and against the respondents; and
vi) Issue any other or further appropriate writ, order or
direction as this Hon'ble Court deems fit and proper ill
the facts and circumstances of the case, in favour of the
petitioner and against the respondents.”
2.
The petitioner of W.P.(C) No. 2536/2020, Mr.Satpal Singh, S/o
late Sh.Buddhu @ Budh Ram has made identical prayers as made by
Mr.R.S.Khatri, the petitioner of W.P.(C) No. 13742/2019 and thus, the
respondents arrayed to both the petitions are identical as depicted
hereinabove in the cause titles.
3.
Sh. Tek Chand, F/o Sh.Ranjeet Singh Khatri and Sh.Buddhu @
Budh Ram, F/o Mr.Satpal Singh were brothers and Bhumidars of the
land comprising in Khasra No.13//22/1(3-18), 14//25/1(3-00), 23//3(4-
1
