Phool Wati Gupta & Ors v. Union of India & Ors

G.S.SISTANI, J. (ORAL)

¶1This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings pertaining to 24 bighas and 18 biswas land of the petitioners comprised in khasra Nos. 6(1-0), 7(1-0), 54(1-5), 57(0-5), 58(0-4), 59(0-6), 60(0-5), 204 & 244(1-0), 236/2/2(4-03), 239(1-11), 240(2-17), 241(2-11), 242(3-18), 246(1-0), 247(1-0), 293/190(1-7) and 294/190(1-7) situated in the revenue estate of Village Shakarpur Khas, Delhi (hereinafter referred as the 'subject land') are deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as '2013 Act') as neither the physical possession was taken nor compensation paid.

¶2In this case the notification under Section 4 of the Land Acquisition Act was issued on 13.11.1959, Section 6 declaration was made on

18.03.1966. Thereafter an Award bearing No. 07/1969 was passed on

26.07.1969.

¶3It is the case of the petitioners that the predecessor in interest of the petitioners had purchased the said land between the years 1962-1970. Upon the demise of Sh. Jawahar Lal Gupta on 28.11.2007, the present petitioners succeeded to the estate of Sh. Jawahar Lal Gupta being the wife, sons i.e., legal heirs of Sh. Jawahar Lal Gupta.

¶4Mr Panda, learned counsel for the LAC has placed reliance on the counter affidavit so filed, more particularly, para 7 which we reproduce below and annexure R1/1 which provides the details of the payments made to some of the legal heirs and with respect to the areas of which part possession has been taken. Para 7 of the Counter affidavit is reproduced hereinafter:- "7. That it is submitted that the part possession of the subject land was taken over on various dates i.e., 20/08/70,

09.07.71, 25.11.71, 25.12.71 and 01.06.77 and handed over to the beneficiary department. Further, part compensation was paid to the recorded owner with respect to this khasra number. A copy of the schedule showing the details of lands of which possession has been taken over and payment has been made to the recorded owners are mentioned is annexed herewith and marked as Annexure R1/1."

Annexure R1/1 is reproduced below:- Item No. Name of recorded owner Khasra No. & Area Bigha Biswa Compensatio n assessed in Rs. Possession has been taken over Possession has not been taken over Remarks Sh. Tote s/o Sukh Ram ½ share 54 (2-5), 59 (0-12), 60 (0-12), 241 (2-11), 242 (3-18), 293/190 (1-7) & 294/190 (1-7) with other khasra nos.

24482.88/-Khasra Nos. 54 (1-5), 59 (0-6), 60(0-5) 241 (2-11), 242 (3-18), taken on 09/07/71 & 25/12/71 Khasra nos. 54 (1-0), 59 (0-6), 60 (0-7), not Chhote s/o Sukh Ram ½ share Do 24482.89/-Do -Sh. Baderi s/o shera 6 (3-0) & 7 (3-0) with other khasra nos. 17514.32/-Taken on 20/08/70 -

¶1As per RD Register Amount Rs. 4273.21 paid to Sh. Ram Dass s/o Shera on 23-01-82.

¶2As per RD Register Amount Rs. 4273.21 paid to sh. Bhola s/o Shera on 11/02/82.

¶3As per RD Register Amount Rs. 8546.42 paid to sh. Bhola s/o Shera on 11/02/82.

¶4As per RD Register Amount Rs.

708.18 paid to sh. Indarpal Jain s/o shri Niwas jain on Sh. Bhola s/o shera Do 17514.32/- Do - Das s/o Shera Do 17514.33/- Do

08/01/79.

¶5As per RD Register Amount Rs. 3186.81 paid to sh. Ram Dass s/o Shera on 09/11/79.

¶6As per RD Register Amount Rs. 4651.43 paid to sh. Ram Dass s/o Shera on 15/05/80.

Chander S/o Singh Ram 58 (0-5), 204 (1-4), 244 (0-15), 246 (2-2) & 247 (2-2) with other khasra nos. 91,256.45/-with other khasra nos. 58 (0-4), 204 (1-4), 244 (0-15) & 247 (2-2) taken 25/11/71 & 01/06/77 58 (0-14) not taken As per RD Register:-

¶1Rs. 4,352.09/- paid to Smt. Hemlata Jain on 19.03.76

¶2Rs. 198.99 paid to Sh. Om Prakash Gupta on 25.01.84

¶3Rs. 198.99 paid to Smt. Bhagwati Devi on 12.12.86

¶4Rs. 198.99 paid to Smt. Kala Devi on

19.12.86

¶5Rs. 198.99 paid to Sh. Chander Ram on 20.04.89

¶6Rs. 7,561.62 Sent to ADJ Delhi 30-31 on 01.08.90

¶7Rs. 4,352.09 paid to Smt. Satyawati on 03.04.91 Rewati s/o Diwan 236/2/2 (6-16) with other khasra nos. 14038.02/-236/2/2 (4-3) 236/2/2 (2-13) not takenS Balwan singh s/o Diwan Do 14038.02/-Do -Chandar Bhan s/o Do 9358.68/-Do -

Richhapal Umrao s/o Richhpal Do 9358.68/- Do - Saran s/o Richhpal Do 9358.68/- Do - Mangat s/o Ram Lal Do 56152.07/- Do - Sh. Trilok Chand s/o Har sahai 239 (1-19) & 240 (2-17) with other khasra Nos. 21276.90/- 239 (1-19) 240 (2-17) not taken Amount Rs. 8980.51 paid to Sh. Trilok Chand on 20/05/78.

¶5We have heard the learned counsels for the parties.

¶6Mr Rout, learned counsel for the petitioners agrees that the acquisition proceedings would lapse not with respect to the entire subject land i.e., 24 bighas 18 biswas but only 14 bighas, details of which are reproduced below:-

"Khasra Nos. 54(1-0), 57(0-5), 58(0-04), 59(0-6), 60(0-5), 240(2-17), 241(2-11), 242(3-18), 293/190(1-3), 294/190(1-7)"

¶7He further submits that as far as the land falling in khasra No. 236/2/2 measuring 6 bighas 16 biswas is concerned, a separate writ petition is to be filed as the present award is not with respect to the aforesaid area. The details of the above khasra numbers have been jointly provided by the counsels from the extracted part of the counter affidavit which has been filed. According to the counter affidavit filed, from the aforesaid khasra

numbers it is clear that neither compensation has been paid for some khasra numbers nor physical possession has been taken for some khasra numbers.

¶8Resultantly, the writ petition is allowed in part. The acquisition proceedings pertaining to the Khasra Nos. 54(1-0), 57(0-5), 58(0-04), 59(0-6), 60(0-5), 240(2-17), 241(2-11), 242(3-18), 293/190(1-3), 294/190(1-7) admeasuring 14 bighas are deemed to have lapsed. Leave as prayed is granted to the petitioners to take recourse to such remedy as available in accordance with law pertaining to khasra No. 236/2/2 measuring 6 bigha 16 biswas out of which possession of 4 bighas 3 biswas has already been taken. The petitioners are only praying for grant of compensation. Compensation would be released within a period of one year.

¶9The writ petition is disposed of in the above terms.

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J SEPTEMBER 26, 2018 SU

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 26th September, 2018 + PHOOL WATI GUPTA & ORS ..... Petitioners Through: Mr S.K. Rout and Mr Aman Mehrotra, Advs versus UNION OF INDIA & ORS ..... Respondents Through: Mr Siddharth Panda, Adv for LAC Mr Nikhil Rohatgi and Mr Shashank Khurana, Advs CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL