The petitioner challenged acquisition proceedings regarding land in Gogha, arguing non-utilization for the specified purpose and invoking lapse under the 2013 Act. The court noted the petitioner had accepted enhanced compensation and interest, thereby establishing dispossession.
Petition dismissed; interim order dated 11.03.2016 vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~30
RAM AVATAR ..... Petitioner Through Mr. Abhas Mishra, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents Through Mr. Rajneesh Sharma, Advocate for Respondent/LAC/L & B
Ms. Nikita Sharma & Ms. Shreya Sharma, Advocates for Respondent No.5/DSIIDC Ms. Monika Arora, SC with Mr. Harsh Ahuja, Advocates for Respondent No.6/North MCD
CORAM:
JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R
% 11.01.2019
“(a) Issue any appropriate writ, order or direction declaring acquisition proceedings w.r.t. land of petitioner measuring 30 bigha 10 biswas including those of his predecessors [whose names have borne out in the Award No. 5/98-99 dt. 07.01.1999 & 9/1999-2000 dt.24/10/1999 (Annexure P2) bearing Khasra numbers as mentioned in Annexure No. PI] as deemed to have lapsed u/s Section 24 (2) of Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and/or
(b) Issue any appropriate writ, order or direction quashing Notification No. F.7(3)/98-/L&B/LA/3089 dt. 01.06.1998 & F.7(3)/98/L&B/LA/4820 dt.06/07/1998 issued u/s 6 read with Section 4 of the Land Acquisition Act and Award bearing No. 5/98-99 dt. 07.01.1999 & 9/1999-2000 dt.24/10/1999 w.r.t. land bearing khasra
W.P.(C) 2060/2016
Page 1 of 4
numbers as mentioned in Annexure No. P-1 measuring total 30 bigha 10 biswas situated in Revenue Estate of Village-Ghoga & Bawana, North-West, N.C.T. of Delhi for being violative of Articles 14 &C 300-A of the Constitution of India as well as provisions contained Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and/or
(c) Issue any appropriate writ, order or direction commanding Respondents to enter the names of petitioner including his predecessor as mentioned in Annexure P-1 1whose names have borne out in the Award No. 5/98-99 dt. 07.01.1999 & 9/1999-2000 dt. 24/10/1999 (Annexure P-2)] in the relevant revenue records after declaration of these acquisition proceedings as deemed to have lapsed u/s Section 24(2) of Land Acquisition Act, 1894 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 w.e.f. 01.01.2014; and/or
(d)Issue any appropriate writ, order or direction commanding tiie Respondent No. 1 to extend benefit of Section 101 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabihtation and Resettlement Act, 2013 over to all land acquisitions made earlier under the repealed Land Acquisition Act, 1894 to the extent the State is duty bound to return the land so acquired if the same remained unutilized u/s 101;
and/or
(e) Issue any appropriate writ, order or direction commanding the answering Respondents to extend benefit of fair compensation in lieu of acquisition at the current prevailing market rates as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; and/or
(f) Issue any appropriate writ, order or direction restraining the respondents, their officers, agents, representatives or anybody claiming through them from entering the name of govt. in the revenue records and also restraining them from dispossessing the petitioners from their settled possession over the land in dispute and changing the
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Page 2 of 4
nature, title and character of plot in dispute falling in revenue estates of Village-Ghoga & Bawana, North-West, N.C.T. of Delhi bearing Khasra number as mentioned in Annexure P-1; and/or
(g) Award the costs of writ petition in favour of petitioners;
(h) Pass any other/further order or orders in favour of the Petitioner as this Hon'ble Court may deem fit in the interest of justice.”
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compensation to the interested persons. It is further seen that in para 17 of the writ petition there is an admission by the Petitioner that “in the present case even though compensation amount has been paid to the Petitioners but physical possession of the acquired land has not been taken till date as they are in continuous physical possession over their acquired land by way of making cultivation etc.”
S. MURALIDHAR, J.
SANJEEV NARULA, J.
JANUARY 11, 2019 mw
W.P.(C) 2060/2016
Page 4 of 4
2 issues framed by the court
Whether acquisition proceedings should be deemed to have lapsed under Section 24(2) of the 2013 Act when claimants have accepted enhanced compensation with interest.
Whether Section 24(2) conditions for lapse of acquisition are fulfilled despite payment of enhanced compensation.
2 provisions across 2 enactments
Ram Avatar
Union of India
S. Muralidhar
Sanjeev Narula
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
