SHILPA JAIN Vs. GOVT OF NCT OF DELHI AND ORS
LAWS(DLH)-2018-1-445
HIGH COURT OF DELHI
Decided on January 19,2018

Shilpa Jain Appellant
VERSUS
Govt Of Nct Of Delhi And Ors Respondents




JUDGEMENT

G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the acquisition proceedings in respect of total land measuring 3 bighas and 6 biswas i.e. property bearing no.553 measuring 2 bighas and 6 biswas in Khasra Nos.18/12/2/2/2 (1-5) and 19/2/2/2 (1-1) and property bearing no.553- B measuring 1 bigha in Khasra no.18/12/2/2/1 (0-12) and 19/2/2/1 (0- 8) situated in the revenue estate of village Najafgarh, New Delhi (hereinafter referred to as "the subject land") are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act"), as neither the physical possession has been taken nor compensation has been paid to the petitioner.
(2.)As per the writ petition, one Shri Bindra Ban was the recorded owner and in possession of the land measuring 1 bigha comprised in Khasra No.18/12/2/2/1 (0-12) and 19/2/2/1 (0-8) situated in VillageNajafgarh, New Delhi and was also the recorded owner and in possession of land comprised in Khasra No.18/12/2/2/2 (2-7) and 19/2/2/2 (1-5) measuring 3 bighas and 12 biswas, total admeasuring 4 bighas and 12 biswas situated in Village-Najafgarh, New Delhi. Shri Bindra Ban executed a lease deed dated 18.10.1969 for a period commencing from 18.10.1969 to 17.10.2068 in favour of Smt.Sudesh Kumari Jain in respect of 1 bigha land comprised in Khasra No.18/12/2/2/1(0-12) and Khasra no.19/2/2/1(0-8) situated in VillageNajafgarh, New Delhi. In pursuance of the above lease deed, actual physical possession of the said land was handed over to Smt.Sudesh Kumari Jain who became the owner and she is in occupation of the said land and her name was also mutated in the revenue record. It is the case of the petitioner that Smt.Sudesh Kumari Jain constructed residential houses over the said parcel of the land. It is also the case of the petitioner that one Jyoti Charitable Trust with the consent and approval of Shri Bindra Ban came into the actual physical possession of the land for the purpose of running Charitable Dispensary and thereafter name of Jyoti Charitable Trust was also entered in the revenue records.
(3.)The writ petition further reveals that Jyoti Charitable Trust through its trustee entered into an agreement settlement dated 13.07.1989 with Smt.Sudesh Kumari Jain only in respect of land measuring 2 bighas and 6 biswas out of the total land measuring 3 bighas and 12 biswas. The possession was handed over to Smt.Sudesh Kumari Jain for purpose of constructing a suitable building for a charitable, social or religious purpose including orphanage, women welfare, school etc. Copy of revenue records have been placed on record. It is also claimed that the petitioner is daughter-in-law of Smt.Sudesh Kumari Jain.
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