Delhi High Court – Orders
Jaswant And Ors vs Govt Of Nct Of Delhi And Ors on 24 December, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17971/2024, CM APPL. 76504/2024 & CM APPL.
76505/2024
JASWANT AND ORS .....Petitioners
Through: Mr. Suman Kumar, Mr. Avinash
Kumar Mr. Shailesh Kumar Sinha, Mr.
Shubhanshu Singh, Mr. Rajeev Ranjan
& Ms. Juhi Sharma, Advocates (M:
9873076434)
versus
GOVT OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Sanjay Kumar Pathak (standing
counsel), Mr. Sunil Kumar Jha & Mr.
Saurabh Kocher, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 24.12.2024
1. This hearing has been done through hybrid mode.
CM APPL. 76504/2024(for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 17971/2024 & CM APPL. 76505/2024
3. The present petition has been filed by the Petitioners under Article 226
of the Constitution of India seeking inter alia an appropriate writ declaring
the acquisition proceedings in respect of Khasra Nos. 432 min (3-0), 493 ( 12-
08), 494 (3-0) total measuring area 18 Bigha 08 Biswa situated in revenue
estate of Village Chuakadi Mubarkabad, District Delhi (hereinafter “subject
land”) to have lapsed in view of Section 24(2) of the Right to Fair
W.P.(C) 17971/2024 Page 1 of 4
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Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act of 2013.
4. This is the second round of litigation by the Petitioners. In the earlier
round, the petition being W.P.(C) 4371/2015 was dismissed vide order dated
6th February, 2019, due to laches and delay, wherein it is recorded as under: –
“1. The prayers in the petition read as under:
a) Issue a writ of mandamus or any other suitable
writ, order of direction in like nature thereby
holding ; that the acquisition proceedings resulting
from the road no. 1260 of entire land falls in Khasra
Nos. 432 min(3- 0), 493 (12-08), 494 (3-0), total
measuring area 18 Bigha -08 Biswa situated in
Village- Chuakadi Mubarkabad, District-North
west, Delhi is null, void and all subsequent
proceedings conducted there in stood lapsed in view
of the provisions of Section 24(2) of Right to fair
Compensation and transparency in Land
Acquisition, Rehabilitation And Resettlement
Act,2013.
b) Direct the respondent no. 3 to release the
aforesaid land of the petitioners forming part of
Khasra Nos. 432 min(3-0), 493 (12-08), and not
dispossessed from the khasra no. 494 (3-0) total
measuring area 18 Bigha -08 Biswa situated in
Village- Chuakadi Mubarkabad, District-North
west, Delhi.
c) Issue any other or further order (s) as this
Hon’ble Court may deem fit and proper in the facts
and circumstance of the case, in the interest of
justice.”
2. The narration in the petition reveals that notification
under Section 4 of the Land Acquisition Act, 1894
(„LAA‟) was issued on 13th November 1959, followed
by declaration under Section 6 LAA on 26th October
1961. The impugned Award No.1260 was passed on 29th
W.P.(C) 17971/2024 Page 2 of 4
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January 1962. There is no explanation in the petition for
the inordinate delay in approaching the Court for relief.
3. This Court has in a series of orders following the
judgment of the Supreme Court in Mahavir v. Union of
India (2018) 3 SCC 588 dismissed similar matters on
account of delay and laches.
4. In that view of the matter, learned counsel for the
Petitioner seeks liberty to withdraw this petition with
liberty to file a fresh petition giving a proper explanation
for inordinate delay in the Petitioner approaching the
Court for relief.
5. The petition is dismissed as withdrawn with liberty
prayed for.
6. The interim order dated 5th May 2015 as confirmed
on 20th December 2017 is hereby vacated.”
5. The submission of ld. Counsel of the Petitioner is that the partial
possession of the subject land is still with the Petitioner and even the
compensation in respect of the same has not been paid.
6. A perusal of the record would reveal that insofar as the compensation
is concerned, the counter affidavit filed by the Land Acquisition Collector
(hereinafter “LAC”) in the earlier matter i.e., W.P.(C) 4371/2015, states as
under: –
“8. That is further submitted that the Petitioner
reliance on and reference to Section 24(2) of the 2013
Act is baseless and misconceived. In the present case the
Section 24(2) would not be applicable as the land in
question was already taken over and handed over to the
beneficiary department and compensation was also
deposited in the court of ADJ under Section 30-31 of theW.P.(C) 17971/2024 Page 3 of 4
This is a digitally signed order.
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Land Acquisition Act, 1894.”
7. This Court is not inclined to entertain the present petition at this stage,
as the delay has not been explained satisfactorily. It is further noted that the
clear stand of the LAC is that the possession has been taken and compensation
has been deposited in the Court of the ld. ADJ under Sections 30 and 31 of
the Land Acquisition Act, 1894.
8. Let the details of the deposit of the compensation and the order passed
by the concerned ld. ADJ in the Section 30-31 proceedings, be placed on
record by the LAC, post which, the matter shall be considered.
9. List on 26th March, 2025.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
DECEMBER 24, 2024/bsr/ms
W.P.(C) 17971/2024 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/12/2024 at 22:11:53