Shri Sanjar Fazal Alam and Ors. Vs Union of India — Land Acquisition | Delhi HC (2025)

Shri Sanjar Fazal Alam and Ors. Vs Union of India — Land Acquisition | Delhi HC (2025)

What the court decided

AI extract

Outcome

CM APPL. 27421/2025 (exemption) allowed subject to all just exceptions; CM APPL. 27422/2025 disposed of by modifying the order dated 21.01.2025 so that the petitioners may apply to the Land Acquisition Collector for a reference under Section 30/31 of the Land Acquisition Act, 1894, who shall consider making the reference to the Court.

Issue for consideration

Whether the order dated 21.01.2025 disposing of the writ petition should be clarified/modified to provide that the application for making a reference under Section 30/31 of the Land Acquisition Act, 1894 is to be moved before the Collector (Land Acquisition Collector) rather than directly before the Additional District Judge.

Court's answer

On a perusal of Section 30 of the Land Acquisition Act, 1894, a party raising a dispute as to the apportionment of the amount of compensation settled under Section 11 has to approach the Collector for making a reference of such dispute to the decision of the Court.

Ratio / Principle

The order dated 21.01.2025 is modified: the petitioners shall be at liberty to move an appropriate application for making a reference under Section 30/31 of the Land Acquisition Act, 1894 to the Land Acquisition Collector, who shall consider the said application for making a reference to the Court under Section 30/31 of the said Act.

Detailed headnote1 paragraphs

Land Acquisition Act, 1894 - Ss. 30/31 - Reference of dispute as to apportionment of compensation - Application for clarification/modification of Coordinate Bench order dated 21.01.2025, which had disposed of the writ petition with liberty to move an application before the Additional District Judge for forwarding the reference under Ss. 30/31 - Held, on a perusal of Section 30, a party disputing the apportionment of compensation settled under Section 11 must approach the Collector for making a reference of the dispute to the Court - Order dated 21.01.2025 modified: petitioners at liberty to move an appropriate application for reference under Ss. 30/31 to the Land Acquisition Collector, who shall consider making the reference to the Court - Respondents raised no objection - Application disposed of (Delhi HC, DB: Upadhyaya CJ & Gedela J, 06.05.2025).

$~47

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 15127/2022

SHRI SANJAR FAZAL ALAM AND ORS .....Petitioners Through: Mr.S.K. Rout, Adv. with Ms.Farha Naaz, Mr.Devender Verma, Mr. Rahul Kumar, Ms. Parmita Nath and Mr.Aman Mehrotra, Advs.

versus

UNION OF INDIA .....Respondent

Through: Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha and Mr. M.S. Akhtar, Advocates for UOI/LAC.

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R % 06.05.2025

CM APPL. 27421/2025 (for exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

CM APPL. 27422/2025 (for modification of order dated 21.01.2025).

This is an application seeking clarification/modification of an order dated 21.01.2025 passed by Coordinate Bench, whereby the writ petition was disposed of with liberty to the petitioner to move an appropriate application before the concerned Additional District Judge for the purpose of forwarding the reference under Section 30/31 of the Land Acquisition Act, 1894.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:53:33

Submission of learned counsel for the petitioners is that if a reference is to be made under Section 30/31 of the said Act, it is the Collector, who needs to be approached and it is only thereafter that the Collector shall refer the matter to the Court. Section 30 of the Land Acquisition Act, 1894 is extracted below:

“30. Dispute as to apportionment - When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the Court.”

On perusal of the afore-quoted provision of Section 30, it is clear that a party raising a dispute as to the apportionment of the amount of compensation settled under Section 11 has to approach the Collector for making a reference of such dispute to the decision of the Court.

Learned counsel representing the respondents does not have any objection to the prayers made in the application.

Thus, the order dated 21.01.2025 is modified and it is provided that the petitioners shall be at liberty to move appropriate application for making a reference under Section 30/31 of the Land Acquisition Act, 1894 to the Land Acquisition Collector, who shall consider the said application for making a reference to the Court under Section 30/31 of the said Act.

The application stands disposed of in the aforesaid terms.

DEVENDRA KUMAR UPADHYAYA, CJ

TUSHAR RAO GEDELA, J

MAY 6, 2025 “shailndra”

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 21:53:33