Datar Singh & Ors vs Union Of India & Ors

G.S.Sistani, J

With consent of the parties, the present writ petition is set down for final hearing and disposal.

This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect

to land of petitioner forming part of Khasra no.385/1 (2-09) and 399 (0-06) admeasuring 2 bighas and 15 biswas, situated in the revenue estate of

village Neb Sarai, New Delhi (hereinafter referred to as the “subject landâ€) stands lapsed in view of section 24(2) of Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “2013 Actâ€) as compensation has

not been tendered to the petitioners.

In this case, a notification under section 4 of Land Acquisition Act, 1894 (“the Act†in short) was issued on 05.11.1980 and a declaration under

section 6 of the Act was made on 21.05.1985. Thereafter, an award bearing no.12/1987-88 was passed on 20.05.1987.

The stand of LAC is reflected in para 5 of the counter affidavit, which is reproduced below :-

“5. That it is submitted that the lands of village Neb Sarai were notified vide Notification under section 4 of the Land Acquisition Act, 1894 dated

5.11.1980, declaration u/s 6 was issued on 21.5.1985. The Award was also passed vide Award No.12/87-88 dated 20.5.1987 and the actual vacant

physical possession of the subject land falling in khasra numbers 385/1 (2-9) & 399 (0-6) total (2-15) was duly taken on 5.9.2005 on the spot by

preparing possession proceedings and handed over to the DDA on the spot. However, there is no entry in the Naksha Muntazamin as to whether any

payment was made to the petitioners or not and Statement A is not available to ascertain the payment of compensation / shares. The statement

“A†of the Award No.12/87-88 is not traceable. An NCR has also been lodged with the P.S. Neb Sarai bearing LR. No. : 0063/2017 dated

07/02/2017. However as per the Revenue Deposit Register, the total amount of Rs.8,10,28,938/- of Award No.12/87-88 was deposited in R.D. but the

same was later withdrawn vide R.V. No.436 dated 07.05.1993 for the Award No.1/93-94 Village Kakrola, Delhi as per Dy. Secy. (L&B) Letter

No.F.19/(145/88-89/L&B/F.A-20392 dated 07.07.1992.â€​

Mr. Bansal, counsel for the petitioner submits that reading of para 5 of the counter affidavit filed by LAC leaves no room for doubt that the

compensation was never tendered to the petitioners.

Mr. Jain, counsel for LAC submits that statement-A is not available and thus it cannot be ascertained whether the compensation was tendered or

not.

We have heard learned counsel for the parties. Reading of the counter affidavit filed by LAC would show that the possession of the subject land

has already been taken. However, as far as compensation is concerned, the stand of LAC is that there is no entry in the Naksha Muntazamin as to

whether any payment was made to the petitioners or not. Although the counter affidavit further goes to show that statement-A is not available but the

concluding part of this paragraph would show that as per Revenue Deposit Register, a total sum of Rs.8,10,28,938/- of Award No.12/87-88 was

deposited in RD but the same was later on withdrawn vide R.V. No.436 dated 07.05.1993 for the Award No.1/93-94 Village Kakrola, Delhi as per

Dy. Secy. (L&B) Letter No.F.19/(145/88-89/L&B/F.A-20392 dated 07.07.1992. In fact, it is the case of the LAC that money deposited was

withdrawn for the purpose of depositing the same with respect to another award of another village. The effect would be that the compensation was

not tendered to the petitioners. Resultantly, in our view, the case of the petitioners is squarely covered by the provisions of section 24(2) of 2013 Act.

Consequently, the writ petition is allowed. It is declared that the acquisition proceedings with respect to the subject land stand lapsed.

The writ petition is disposed of.

CM APPL 26860/2015 (stay)

The application stands disposed of in view of order passed in the writ petition.