Delhi High Court – Orders
Pima Lal vs Government Of National Capital … on 7 March, 2025
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10405/2015
PIMA LAL .....Petitioner
Through: None.
versus
GOVERNMENT OF NATIONAL CAPITAL
TERRITROY OF DELHI & ORS .....Respondents
Through: Mr Rajneesh Sharma, Advocate for
R1 and R2.
Ms Manika Tripathy with Mr
Ashutosh Kaushik and Mr Hardik
Misra, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 07.03.2025
1. None appears for the petitioner despite service of court notice.
2. The petitioner has filed the present petition, inter alia, praying that the
acquisition of petitioner’s land comprising in Khasra No.1271 min
admeasuring 1 Bigha situated in Revenue Estate of Village Malikpur Kohi
@ Rangpuri, New Delhi [the subject land], be declared as lapsed in view of
Section 24(2) of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 [hereafter the 2013
Act].
3. The subject land was covered under a notification dated 27.06.1996
issued under Section 4 of the Land Acquisition Act, 1894 [the LA Act].
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The said notification was followed by a declaration dated 10.01.1997 issued
under Section 6 of the LA Act. An award under Section 11 of the LA Act
including for the subject land, was pronounced on 07.01.1999 [Award
No.2/1998-99/SW].
4. The present petition was allowed by a judgment dated 23.01.2018
following the decision of the Supreme Court in Pune Municipal
Corporation and Anr. v. Harakchand Misirimal Solanki and Others:
(2014) 3 SCC 183. The court had noted that admittedly the compensation
had not been paid and more than five years had elapsed after the award
under Section 11 of the LA Act was pronounced.
5. The Delhi Development Authority [hereafter the DDA] had preferred
an appeal to the Supreme Court being Civil Appeal No.7112/2024. One of
the grounds urged by the DDA was that the petitioner has filed the present
petition suppressing the material facts. In view of the above, the Supreme
Court remanded the matter to this court to consider afresh in terms of the
decision dated 17.05.2024 in Delhi Development Authority v. Tejpal and
Others. The appeal preferred before the Supreme Court against the decision
rendered by this court is reflected at Sl. No. 39 in List A annexed to the
aforesaid decision of the Supreme Court.
6. In view of the above, the principal question to be addressed is whether
the present petition has been filed suppressing the material facts. It is
pointed out that the present petition has been filed by the constituted
attorney of the petitioner, and a copy of the General Power of Attorney [the
GPA] is annexed to the present petition. It is the respondents’ case that a
plain reading of the GPA dated 26.10.2006 indicates that the original
recorded owner had divested herself of all rights in the subject land. The
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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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GPA indicates that the original owner is reflected as a resident in Mumbai
and had appointed Sh. Nirmal Singh as a constituted attorney to do all acts,
including negotiating and disposing of the subject property and receiving the
consideration in his own name.
7. Given the terms of the GPA, this court is prima facie of the view that
there is merit in the respondents’ contention that the recorded owner had
divested her interest in the subject land. However, since none appears on
behalf of the petitioner despite service of notice, the present petition is
dismissed for non-prosecution.
VIBHU BAKHRU, J
TEJAS KARIA, J
MARCH 07, 2025/tr
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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 12/03/2025 at 21:44:00
