Bijender Singh & Ors v. Union of India & Ors

A, J HI, J VIP ■I.- m'i-.^iir ifipw

$-79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.09.2019 + BIJENDER SINGH & ORS Petitioners Through; Mr. Rajesh Gupta and Mr. M.C. Verma, Adv. versus, , ' , UNION OF INDIA & ORS, :, f'; ^; Respondents Through: / Mry, Rajesh Kumar,vAdv. for UOI. . Mr. Rajneesh Sharind, Adv. for • LAC/L&. I Mr Arjun Pant, Adv. fdr-DDA. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE S® JEEV NARULA SAN.IEEV NARTILA. J. (Oral): .. 1. Petitioners have filed the^^eiit writ petition seeking a declaration under Section 24(2) of the Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(hereinafter as 'the 2013 Act'), to the effect l®ti%sa dhqmsMdn proceedings in respect of land at Khasra. no. 49/17 (4-16), 49/24 (4-16) and 59/3 (1-00) situated in Pehladpur Banger, Delhi (hereinafter as 'subject land') acquired vide Award bearing No. 6/2005-06, are deemed to have lapsed since the Award was made more than five years prior to the commencement of this Act and the possession of the subject land has not been taken over by the authorities. 2. The following reliefs are sought by the petitioners: Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. (I) Issue writ, of DECLARATION and/or any other appropriate Writ, Order or Direction in the like nature declaring the impugned acquisition proceedings commenced vide notification under Section of Act 1894 bearing no; F.11(19)/01/L&B/LA/20112 Dated 21.03.2003 resulting in Award no. 6/2005-06 for Village Pehladpur Banger Delhi vis-a- vis subject land stands lapsed; (II) Consequently issue wiit of CERTIORARI quashing theimpugned acquisition proceedings commenced vide notification imder Section 4 of Act 1894 bearing no. F.11(19)/01/L&B/LA/20112 ; Dated 21.03.2003 resulting in Award no. 6/2005-06 for Village Pehladpur Banger Delhivis-a- vis subject land (III) Issue MANDAMUS and/qf; any other "Writ, Order or direction in the like nature :epnimariding th respondents not to interfere v/ith and/of'; petitioners in, peaceful enjoyment ofthe subjeet) land situate in village Pehladpur Banger, Delhi; / ' > (IV) Pass an}' other or further writ order or direction which this Hon'ble Court may deeiU' fit and proper in the facts and circumstances of the present case. ^ 3. The notification under .Section 4 of thie;,Land Acquisition Act, 1894 t:/,. ^ ' i-;-';.. (hereinafter 'the LAA), /was/, issued ,on> 21.03.03 vide notification F.11(19)/01/L&B/LA/20112 and declaration imder Section 6 of the Act was made on 19.03.2004;,vide notification N9/E.ll(15)/04/'L&B/LA/28227. Subsequently, the Award bearing' no. 6/2005-06 dated 12.07.2005 was passed in respect of subject land, The land was acquired for public purpose i.e. "Rohini Residential Scheme", under Planned Development Scheme of Delhi. 4. As per the petition. Petitioners are related to one another having common ancestor and having inherited co-ownership over the subject land. It is submitted that although the Petitioners have received compensation. V however the physical possession thereof has not been taken. Moreover, the subject land has not been utilized for the purpose for which the acquisition was done. The Plaintiffs have attached the photographs of the subject land as a proof of possession in the petition. It is further alleged that barring the Petitioners, compensation has not been paid to majority of the landowners whose land are covered by impugned acquisition notification. The impugned acquisition proceedings are marked by excessive delay. The subject land was notified for acquisition in theye^:2003: and since then, till the institution of the present petition, no development plan has been made or put into action. It IS thus the subimssion of the Petitioners that due tq the aforem reasons the acquisition stands lapsed under Section 24(2) of thc 2013 Act. 5. The Land Acquisition Collector (LAC)- R