M/S Capital Land Builder Pvt. Limited Vs. Govt.of Nct of Delhi and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1170212
CourtDelhi High Court
Decided OnNov-10-2014
JudgeBADAR DURREZ AHMED
AppellantM/S Capital Land Builder Pvt. Limited
RespondentGovt.of Nct of Delhi and ors.
Excerpt:
the high court of delhi at new delhi % + judgment delivered on:10. 11.2014 w.p.(c) 4769/2014 & cm95102014 m/s capital land builder pvt. limited ... petitioner versus govt.of nct of delhi and ors. ... respondents and + w.p.(c) 4771/2014 & cm95112014 m/s capital land builder pvt. limited ... petitioner versus govt.of nct of delhi and ors. ... respondents advocates who appeared in this case: for the petitioner : mr naresh kaushik with mr b. tripathy for the respondents : mr yeeshu jain with ms jyoti tyagi for lac/l&b mr pawan mathur for dda coram:hon’ble mr justice badar durrez ahmed hon’ble mr justice siddharth mridul judgment badar durrez ahmed, j (oral) 1. the petitioner in both these writ petitions are the same and the issues involved are also the same. the only difference being in the khasra numbers in the two petitions. for this reason, the writ petitions are being disposed of by a common judgment.2. the petitioner seeks the benefit of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as ‘the 2013 act’) which came into effect on 01.01.2014. a declaration is sought to the effect that the acquisition proceeding initiated under the land acquisition act, 1894 (hereinafter referred to as ‘the 1894 act’) ought to be deemed to have lapsed insofar as the petitioner’s lands are concerned. the award no.14/1987-88 was made on 26.05.1987, inter alia, in respect of petitioner’s lands comprised in khasra numbers 741 (5-0), 849(4-09), 852 (2-14), 854 (4-16), 855 (1-0), 874 (3-07), 878/2 (1-12), 881/2 (0-17), 885 (4-16), 886 (4-16), 887 (4-0), 891 (4-16), 893 (4-16), 898 (2-15), 901 (015), 903/1 (2-6), 905 (4-13), 906 (7-12), 907 (1-0), 915 (2-10), 924 (204), 925 (4-16), 926 (2-11), 931 (4-15), 937/2 (2-2), 956 (3-18), 967 (116), 969 (4-12) and 970 (4-10) measuring 99 bighas 4 biswas in all situated in village satbari, new delhi, and forming the subject matter of w.p.(c) 4769/2014.3. the petitioner’s land also comprises of khasra nos. 119/2 (0-1), 301/2 (2-0), 1072 (2-8), 1061/1 (6-2), 1078/1 (1-7), 1074 (4-1), 890/2 (28), 884/2 (1-8) and 900/2/2 (1-17), forming the subject matter of w.p.(c) 4771/2014.4. insofar as the question of possession is concerned, it is admitted by the respondents that possession in respect of the following khasras has not been taken:- 885/1 (2-07), 887 (4-00), 903/1 (2-06), 905 (4-13), 906 (7-12) and 907 (1-00) in w.p.(c) 4769/2014. as regards the remaining khasras in both the writ petitions, it is claimed by the respondents that they have taken possession thereof on 14.07.1987 and 30.09.1987. however, the petitioner contends that the entire land is in the physical possession of the petitioner.5. insofar as the question of compensation is concerned, it is an admitted position that the same has not been paid to the petitioner.6. without going into the controversy of physical possession in respect of the disputed khasras, this much is clear that the award was made more than five years prior to the commencement of the 2013 act and the compensation has also not been paid. the necessary ingredients for the application of section 24(2) of the 2013 act as interpreted by the supreme court and this court in the following cases stand satisfied:(1) pune municipal corporation and anr v. harakchand misirimal solanki and ors: (2014) 3 scc183 (2) union of india and ors v. shiv raj and ors: (2014) 6 scc564 (3) sree balaji nagar residential association v. state of tamil nadu and ors: civil appeal no.8700/2013 decided on 10.09.2014; (4) surender singh v. union of india & others: wp(c) 2294/2014 decided on 12.09.2014 by this court; and (5) girish chhabra v. lt. governor of delhi and ors: wp(c) 2759/2014 decided on 12.09.2014 by this court.7. as a result, the petitioner is entitled to a declaration that the said acquisition proceeding initiated under the 1894 act in respect of the subject lands are deemed to have lapsed. it is so declared.8. the writ petitions are allowed to the aforesaid extent. there shall be no order as to costs. badar durrez ahmed, j siddharth mridul, j november10 2014 kb
Judgment:

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:

10. 11.2014 W.P.(C) 4769/2014 & CM95102014 M/S CAPITAL LAND BUILDER PVT. LIMITED ... Petitioner versus GOVT.OF NCT OF DELHI AND ORS. ... Respondents AND + W.P.(C) 4771/2014 & CM95112014 M/S CAPITAL LAND BUILDER PVT. LIMITED ... Petitioner versus GOVT.OF NCT OF DELHI AND ORS. ... Respondents Advocates who appeared in this case: For the Petitioner : Mr Naresh Kaushik with Mr B. Tripathy For the Respondents : Mr Yeeshu Jain with Ms Jyoti Tyagi for LAC/L&B Mr Pawan Mathur for DDA CORAM:HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT

BADAR DURREZ AHMED, J (ORAL) 1. The petitioner in both these writ petitions are the same and the issues involved are also the same. The only difference being in the khasra numbers in the two petitions. For this reason, the writ petitions are being disposed of by a common judgment.

2. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) ought to be deemed to have lapsed insofar as the petitioner’s lands are concerned. The Award No.14/1987-88 was made on 26.05.1987, inter alia, in respect of petitioner’s lands comprised in khasra numbers 741 (5-0), 849(4-09), 852 (2-14), 854 (4-16), 855 (1-0), 874 (3-07), 878/2 (1-12), 881/2 (0-17), 885 (4-16), 886 (4-16), 887 (4-0), 891 (4-16), 893 (4-16), 898 (2-15), 901 (015), 903/1 (2-6), 905 (4-13), 906 (7-12), 907 (1-0), 915 (2-10), 924 (204), 925 (4-16), 926 (2-11), 931 (4-15), 937/2 (2-2), 956 (3-18), 967 (116), 969 (4-12) and 970 (4-10) measuring 99 bighas 4 biswas in all situated in village Satbari, New Delhi, and forming the subject matter of W.P.(C) 4769/2014.

3. The petitioner’s land also comprises of khasra nos. 119/2 (0-1), 301/2 (2-0), 1072 (2-8), 1061/1 (6-2), 1078/1 (1-7), 1074 (4-1), 890/2 (28), 884/2 (1-8) and 900/2/2 (1-17), forming the subject matter of W.P.(C) 4771/2014.

4. Insofar as the question of possession is concerned, it is admitted by the respondents that possession in respect of the following khasras has not been taken:- 885/1 (2-07), 887 (4-00), 903/1 (2-06), 905 (4-13), 906 (7-12) and 907 (1-00) in W.P.(C) 4769/2014. As regards the remaining khasras in both the writ petitions, it is claimed by the respondents that they have taken possession thereof on 14.07.1987 and 30.09.1987. However, the petitioner contends that the entire land is in the physical possession of the petitioner.

5. Insofar as the question of compensation is concerned, it is an admitted position that the same has not been paid to the petitioner.

6. Without going into the controversy of physical possession in respect of the disputed khasras, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC183 (2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC564 (3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No.8700/2013 decided on 10.09.2014; (4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and (5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.

7. As a result, the petitioner is entitled to a declaration that the said acquisition proceeding initiated under the 1894 Act in respect of the subject lands are deemed to have lapsed. It is so declared.

8. The writ petitions are allowed to the aforesaid extent. There shall be no order as to costs. BADAR DURREZ AHMED, J SIDDHARTH MRIDUL, J NOVEMBER10 2014 kb