The Court declared that land acquisition proceedings involving the petitioner were deemed to have lapsed under Section 24(2) of the 2013 Act because physical possession was not taken and compensation remained unpaid more than five years after the award, though it clarified that no title was conferred.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Through: Mr. Ankit Banati, Advocate.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. Vivek Goyal, CGSC for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms Jyoti Tyagi, Advocates for LAC/L&B. Mr. Danesh Relan, Standing Counsel with Ms. Gauri Chaturvedi and Ms. Mrinalini Sharma, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S. SISTANI, J.(ORAL)
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W.P.(C) 2489/2015
as '2013 Act') as neither the actual physical possession of the subject land has been taken nor the compensation in respect thereof has been paid to the petitioner.
"6. …It is further submitted that the possession of the measuring 1 Bigha 10 Biswa land has been taken on 31.08.2005 and handed over to the requisition agency on the spot whereas the compensation of the same also could not be paid to the recorded owners. It is however submitted that the petitioner’s name is mention as khatedar in the khasra number under reference i.e. 49//3.”
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"4(ii) Physical and legal possession of land of Khasra No. 49/3 min (1-10) has duly, validly been handed over to the answering Respondent by the LAC/L&B Deptt. On 31.8.2005, while possession of land bearing Khasra No. 49/3 (3-06) of village Prahlad Pur Bangar was not handed over to the answering Respondent by the land Acquisition Collector/Land and Building Department of the Govt. of NCT of Delhi due to existence of residential houses, factories, Kotha Jat along with boundary wall etc. at site as per possession proceedings dated 31.8.2005. Posession Proceedings of village Prahlad Pur Banger dated 31.08.2005 in respect of Award No. 06/2005-06 are ANNEXURE R- 1 ”
“(iii) An amount of Rs. 80,40,76,004/- was duly remitted/disbursed to the LAC/Land & Building Department on account of payment of compensation of village Prahlad Pur Bangar vide cheque No. 074064 dated 09.08.2005 in respect of the land acquired vide Award No. 06/05-06.”
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W.P.(C) 2489/2015
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W.P.(C) 2489/2015
G.S.SISTANI, J.
SANGITA DHINGRA SEHGAL, J
OCTOBER 3, 2018 afa
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W.P.(C) 2489/2015
3 issues framed by the court
Whether the petitioner is entitled to a declaration under Section 24(2) of the 2013 Act that the acquisition proceedings deemed to have lapsed due to non-physical possession and non-payment of compens
Whether the petitioner, as a subsequent owner, has locus standi to challenge the land acquisition proceedings.
Whether this order confers any title on the petitioner.
Colour shows how this judgement treated each authority
Government of NCT of Delhi vs. Manav Dharma Trust and AnotherReferred¶27
Govt. of NCT of Delhi vs. Manav Dharma Trust and another, 2017 (6) SCC 751 · Who else cites this
3 provisions across 2 enactments
Padam Chand Kanodia
Union of India and Ors
G.S. Sistani
Sangita Dhingra Sehgal
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
