Hans Raj vs Union of India (UOI) and Others

Rajiv Sahai Endlaw, J.—The Petitioner claims that he was a recorded owner/bhumidar of land in Khasra No. 371 to 375/29/1 measuring 14 bighas 4 biswas situated in village Khizrabad, New Delhi; that a Notification dated 2nd April, 1998 and a declaration dated 20th April, 1998 under Sections 4 & 6 respectively of the Land Acquisition Act, 1894 was made with respect to the said land and urgency provisions u/s 17(1) of the Act invoked and an award dated 31st March, 2000 made and possession of the land taken on 8th May, 1998. This writ petition has been filed claiming that the compensation for acquisition of the share of the Petitioner had not been paid to the Petitioner and seeking mandamus to the Respondents DDA and Land Acquisition Collector (LAC) to pay compensation of the share of the Petitioner to the Petitioner. It has also been pleaded that the Petitioner upon approaching the said authorities had been told that the compensation of the share of the Petitioner had been received by some other persons. The Petitioner in the writ petition also seeks the relief of directing the LAC to lodge a complaint against the persons who had received compensation of the share of the Petitioner.

Notice of the petition was issued and the pleadings have been completed.

It is inter alia the case of the LAC that the land aforesaid belonged to several claimants/owners; that the Petitioner had only 1/54th share therein; compensation was awarded in the name of the Petitioner; that at the time of payment of compensation the Petitioner and other co-owners appeared before the Naib Tehsildar on 14th December, 1998 and made a statement that they had sold their respective share in the land to Shri Prem Raj, Shri Beg Raj & Shri Giri Raj all sons of Shri Siriya and they had No. objection if the compensation amount was released in favour of the said Shri Prem Raj, Shri Beg Raj & Shri Giri Raj. It is further pleaded that the said Shri Prem Raj, Shri Beg Raj & Shri Giri Raj also submitted a Registered General Power of Attorney dated 22nd March, 1979 and Special Power of Attorney dated 19th March, 1979 and other documents indicating that they were authorized to receive the compensation and on the basis whereof the compensation amount was released in their favour.

Needless to state that the Petitioner in his rejoinder denies the aforesaid.

On 29th April, 2011 the Petitioner sought time to make an appropriate application to impaled the aforesaid Shri Prem Raj, Shri Beg Raj & Shri Giri Raj who had received the compensation of the share of the Petitioner from the LAC.

The counsel for the Petitioner today seeks more time to move an application.

It has been enquired as to what would be the fate if the said persons are imp leaded and notice issued to them and they fail to appear in the present proceedings and/or if they contest the case of the Petitioner. The said factual controversy cannot be adjudicated in this petition and the parties will necessarily have to be relegated to the suit. As such the request of the Petitioner for adjournment to move the application cannot be accepted.

The counsel for the Respondent LAC also contends that the possession having admittedly been taken as far back as in the year 1998, this writ petition filed in the year 2007 is highly belated.

There is also some controversy as to whether the Petitioner would be entitled to seek reference under Sections 30 & 31 of the Land Acquisition Act. Prima facie, it appears that the case of the Respondent LAC being of the compensation having already been released, reference would not be maintainable and the remedy of the Petitioner is by way of a Suit only.

The question of limitation would also arise; the counsel for the Respondent LAC on enquiry states that the compensation was released as aforesaid on 29th January, 2004. The present writ petition was filed only on 5th May, 2007. However since notice thereof was issued and the same remained pending till now, it is deemed expedient to observe that the Petitioner would be entitled to exclusion of the time during which the petition remained pending in this Court if the Suit as aforesaid is filed on or before 30th September, 2011.

The petition is disposed of as not maintainable with liberty aforesaid to the Petitioner. No. order as to costs.