GAJRAJ Vs. GOVT OF NCT OF DELHI
LAWS(DLH)-2018-1-391
HIGH COURT OF DELHI
Decided on January 16,2018

GAJRAJ Appellant
VERSUS
GOVT OF NCT OF DELHI Respondents




JUDGEMENT

G. S. Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings in respect of the land comprised in Khasra No.281/4(10-11), 282/4(10- 3) & 80(2-8) total area 23 bigha and 02 biswas to the extent of 1/12th share measuring 01 bigha 19 biswas and 03 biswasi situated in the revenue estate of village Ghari Mandu, Shahdara, Delhi (hereinafter referred to as "the subject land") stand 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.)The necessary facts to be noticed for disposal of this petition are that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 23.06.1989, a Notification under Section 6 of the Act was issued on 20.06.1990 and an Award bearing No.13/1992-93 was passed on 19.06.199 Counsel for the petitioner submits that the case of the petitioner is fully covered by a decision rendered by the Apex Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, as neither possession has been taken nor compensation has been paid to the petitioner.
(3.)Counsel for the LAC submits that the subject land vests in Gaon Sabha, thus, the petitioner would not be entitled to claim any compensation. Mr.Jain has opposed this petition on the ground that the petitioner is not a rightful owner. In support of his submissions, he relies on paragraph 6 & 7 of the counter affidavit, which read as under:
"6. That it is submitted that for the purpose of planned development of Delhi, the answering respondent issued a Notification u/s 4 of the Land Acquisition Act, 1894 on 23.6.1989 which was followed by Notification u/s 6 of the said Act dated 20.6.1990 for planned development of Delhi for the acquisition of the lands falling in village GarhiMendu. That an Award bearing No.13/92-93 dated 19.6.1992 was also passed and the actual vacant physical possession of the subject land including other lands of the said notification was taken on the spot by preparing possession proceedings dated 25.1.2000 and handed over to the DDA on the spot. The petitioners have also admitted about the execution f the possession proceedings by the Government as the petitioners have admitted that symbolic possession of the subject land was taken by the Government. Needless to say that the petitioners never challenged the acquisition proceedings and the possession report which became final and binding on the petitioners as the land vested with the Government absolutely without any encumbrances.

7. That it is submitted that the petitioners were never entitled to claim any compensation as the recorded owner of the subject land was Gaon Sabha, as such, the assertion by the petitioners that no compensation has been paid to them finds no merits and the writ petition deserves to be dismissed. The compensation was however not paid to the Gaon Sabha as well".

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