Decided on March 29,2019

Harinder Singh And Ors Appellant
Lt Governor And Anr Respondents


S. Muralidhar, J. - (1.)The prayers in the present writ petition read as under:
"It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to issue appropriate Writ Order or direction, more specifically in the nature of Certiorari to quash the. award 26/2002-2003 dated 23.10.2002 in respect of the land of Petitioner No. 1 measuring 2 acre, in Khasra No. 30/16,17,24/1,25,29,31/20,21/1, further in respect of land of Petitioner No. 2,3 and 4 measuring 1 acre forming part of Khasra No. 19/16/2,17/2,24/2,25/2,234/1, further in respect of Petitioner No. 5 had expired and his LRs having land measuring 6 acres, forming part of Khasra No. 10/3,4,7,8,9,13,14,15/2,17/1,18,27/16,25,44/4/2,5,6/2 further in respect of Petitioner No. 6 measuring 1 acre and 13 biswas of land, forming part of Khasra No. 19/17/3,23/2,24/1,234/1 , further in respect of Petitioner no. 7, 8 and 9 jointly having land measuring 3 acre and 3 bigha of land, forming part of Khasra No. 9/24,25/1,21/10/2,11,20,28,22/4,5,6,7,14/1,15,16,29,171, 172,479 being in cultivatory possession, even after acquisition. It is further prayed for issuance of a writ of mandamus thereby directing the respondents to restore the title of the respective land, in favour of the petitioners, since the land mentioned hereinabove was not a part of the scheme, at the time of the acquisition, of the land of the petitioners, subject to the petitioners returning the amount of compensation, enhanced compensation and the interest thereon."

(2.)On 3rd November 2017 while directing notice to issue in the present petition, the following order was passed:
"This is a petition filed under Article 226 of the Constitution of India by the petitioners. It is claimed by the petitioners that despite a Section 4 Notification of the Land Acquisition Act, 1894 having been issued on 13.12.2000, Section 6 Notification of the Act having been issued on 15.03.2002 and an Award having been made on 23.10.2002, the possession of the land in question of the petitioners has not been taken nor compensation paid.

Notice to show cause as to why the petition be not admitted. Counsels appearing for the respondents accept notice. Notice in the stay application as well.

Counter affidavit to the petition and reply to the application be filed within six weeks. Rejoinder, if any. be filed within four weeks thereafter.

Counsel for the petitioners seek leave to file amended memo of parties as the Land and Building Department has not been arrayed as a party. Let amended memo of parties be filed. List on 29.01.2018."

(3.)Following the above order on 6th November 2017 an amended memo of parties was filed. In terms thereof, there are 9 Petitioners. The Land Acquisition Collector ("LAC") South West (SW) is Respondent No.1, the Delhi Development Authority (DDA) is Respondent No.2 and the Land and Building Department (L&B) is Respondent No.3.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.