Delhi High Court
Sh. Gulab Singh And Ors. vs D.M. /Lac South West District Kapashera … on 6 March, 2025
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 06.03.2025
+ W.P.(C) 1903/2020
SH. GULAB SINGH AND ORS. .....Petitioners
Through: Mr B.D. Sharma, Advocate.
versus
D.M. /LAC SOUTH WEST DISTRICT KAPASHERA & ORS
.....Respondents
Through: Mr. Siddharth Panda, Mr. Ritank &
Mr. Anil Pandey, Advocates for R1.
Ms. Rachita Garg & Ms. Preeti,
Advocates for R2/State/GNCTD.
Mr. Rajiv R. Mishra & Ms. Suruchi
Yadav, Advocates for R5/Delhi Jal
Board.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE TEJAS KARIA
VIBHU BAKHRU, J. (ORAL)
1. The petitioners have filed the present petition, inter alia, praying that
the acquisition proceedings initiated in respect of the land measuring 02
Bighas 11 Biswas, comprising in Khasra No.282 Min (2-11) [the subject
land] situated in the revenue estate of Village Bijwasan, New Delhi is illegal
in view of the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 [the Act].
2. Additionally, the petitioners pray that directions be issued to the
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respondents not to interfere with their peaceful possession of the subject
land.
3. The petitioners claim that they are the recorded owners of the subject
land. The preliminary notification being No.F.8/2/16/2015/L&B/LA/10641
in respect of the subject land was issued by the Land and Building
Department, Government of NCT of Delhi under Section 11(1) of the Act on
28.08.2015. In terms of the said notification, it was notified that the subject
land was likely to be acquired for the public purpose of construction of the
Waste Water Treatment Plant (WWTP), which would treat the waste water
generated from the inhabitants of the Bijwasan village and the adjoining
areas. Thereafter, the declaration under Section 19 of the Act was published
in Delhi Gazette on 27.07.2017.
4. Respondent nos. 1 & 2 have filed the counter affidavit, inter alia,
stating that after the declaration under Section 19 of the Act was published,
notice under Section 21 of the Act was issued to all interested persons and
pursuant to the same, interested persons have filed their respective claims.
5. It is stated that the Land Acquisition Collector (LAC) had considered
the claims as received and pronounced the award on 04.07.2019 [the
Award]. The possession of the subject land was taken over on 18.12.2019.
6. The learned counsel appearing for the petitioners has confined his
submissions to challenging the acquisition proceedings on two fronts. First,
he submitted that the preliminary notification issued under Section 11(1) of
the Act has lapsed by virtue of Section 19(7) of the Act, as the declaration
under Section 19(1) of the Act was not made within a period of twelve
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months from the date of preliminary notification issued under Section 11(1)
of the Act. Second, he submits that, in terms of Section 25 of the Act, the
acquisition proceedings had lapsed as the award was not made within a
period of twelve months from the date of publication of the declaration
under Section 19 of the Act.
7. The aforesaid contentions were countered by the learned counsel for
the respondents.
8. Before proceeding further, it would be relevant to refer to Section
11(1); Section 19(1); Section 19(7); and Section 25 of the Act. The said
statutory provisions are reproduced below: –
“11. Publication of preliminary notification and
power of officers thereupon.- (1) Whenever, it
appears to the appropriate Government that land in
any area is required or likely to be required for any
public purpose, a notification (hereinafter referred
to as preliminary notification) to that effect along
with details of the land to be acquired in rural and
urban areas shall be published in the following
manner, namely:-
(a) in the Official Gazette:
(b) in two daily newspapers circulating in the
locality of such area of which one shall be in the
regional language:
(c) in the local language in the Panchayat,
Municipality or Municipal Corporation, as the case
may be and in the offices of the District Collector,
the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate
Government;
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(e) in the affected areas, in such manner as may be
prescribed.
*** *** *** ***
19. Publication of declaration and summary of
Rehabilitation and Resettlement.– (1) When the
appropriate Government is satisfied, after
considering the report, if any, made under sub-
section (2) of section 15, that any particular land is
needed for a public purpose, a declaration shall be
made to that effect, along with a declaration of an
area identified as the “resettlement area” for the
purposes of rehabilitation and resettlement of the
affected families, under the hand and seal of a
Secretary to such Government or of any other
officer duly authorised to certify its orders and
different declarations may be made from time to
time in respect of different parcels of any land
covered by the same preliminary notification
irrespective of whether one report or different
reports has or have been made (wherever required).
*** *** *** ***
(7) Where no declaration is made under sub-section
(1) within twelve months from the date of
preliminary notification, then such notification shall
be deemed to have been rescinded:
Provided that in computing the period referred to in
this sub-section, any period or periods during which
the proceedings for the acquisition of the land were
held up on account of any stay or injunction by the
order of any Court shall be excluded:
Provided further that the appropriate Government
shall have the power to extend the period of twelve
months, if in its opinion circumstances exist
justifying the same:
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Provided also that any such decision to extend the
period shall be recorded in writing and the same
shall be notified and be uploaded on the website of
the authority concerned.
*** *** *** ***
25. Period within which an award shall be made.
– The Collector shall make an award within a
period of twelve months from the date of
publication of the declaration under section 19 and
if no award is made within that period, the entire
proceedings for the acquisition of the land shall
lapse:
Provided that the appropriate Government shall
have the power to extend the period of twelve
months if in its opinion, circumstances exist
justifying the same:
Provided further that any such decision to extend
the period shall be recorded in writing and the same
shall be notified and be uploaded on the website of
the authority concerned.”
9. The first question to be examined is whether the preliminary
notification issued under Section 11(1) of the Act is deemed to have been
rescinded on account of the delay in issuance of the declaration under
Section 19(1) of the Act. There is no dispute that the preliminary
notification under Section 11(1) of the Act was issued on 28.08.2015,
therefore, the declaration under Section 19(1) of the Act was required to be
made within a period of twelve months from the said date, that is, on or
before 27.08.2016. However, in terms of the second proviso to Section
19(7) of the Act, the appropriate government has the power to extend the
period by twelve months, if there are circumstances justifying the same.
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10. The learned counsel appearing for the respondents has handed over
the notifications dated 22.08.2016 and 22.02.2017 successively extending
the said period by six months. Thus, in total, the Government of NCT of
Delhi had extended the period for making a declaration under Section 19(1)
of the Act by the period of twelve months.
11. Admittedly, the declaration under Section 19(1) of the Act was
published on 27.07.2017, which is within the period as extended by the
Government of NCT of Delhi. Thus, the petitioners’ contention that the
declaration under Section 19(1) of the Act was not made within the specified
period and the preliminary declaration under Section 11(1) of the Act is
deemed to have been rescinded, is unmerited.
12. In view of the above, the contention that the acquisition proceedings
relating to the subject land are required to be set aside, on account of delay
in publishing the declaration under Section 19(1) of the Act, is unmerited
and, accordingly, rejected.
13. In terms of the Section 25 of the Act, the award is required to be made
within a period of twelve months from the date of publication of the
declaration made under Section 19(1) of the Act. However, in terms of the
proviso to Section 25 of the Act, the appropriate government has the power
to extend the said period if, in its opinion, circumstances exist justifying
such extension.
14. In the present case, the Government of NCT of Delhi issued the
notification dated 25.07.2018 extending the time for making an award under
Section 25 by a further period of one year. The same was considered
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necessary in view of the request from the requisitioning department (Delhi
Jal Board) for seeking further time to decide the allotment of rehabilitation
and resettlement entitlements of the project affected families. Thus, in view
of the said notification, the award was required to be made on or before
24.07.2019, that is, within the extended period of twelve months from
25.07.2018. Admittedly, the Award was made on 04.07.2019, which is
within the said extended period.
15. The learned counsel appearing for the LAC has also handed over the
copy of the counter affidavit indicating that six interested persons have
already accepted the compensation after submitting the necessary
documents.
16. In view of the above, the petitioners’ contention that the acquisition
has lapsed by virtue of Section 25 of the Act, is unmerited.
17. In view of the above, the petition is dismissed.
VIBHU BAKHRU, J
TEJAS KARIA, J
MARCH 06, 2025
M
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