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High Court of DelhiW.P.(C)/1340/2025

Bijender Singh v. Govt Of NCT Of Delhi & ANR.

2025-02-03Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1340/2025 BIJENDER SINGH .....Petitioner Through:

Mr. Sohan Lal, Advocate.

Versus

GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, Mrs. K.K.

Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar & Mr. Mayank Madhu, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 03.02.2025 CM No.6550/2025 (for exemption) 1.

Exemption is allowed, subject to all just exceptions. 2.

The application is disposed of.

W.P.(C) 1340/2025 3.

The petitioner has filed the present petition, inter alia, praying that appropriate directions be issued to the respondents to send the reference under Sections 30-31 of the Land Acquisition Act, 1984 (hereafter the LA Act) to the concerned District Court for adjudicating the petitioner's interest in respect of the land comprising in Khasra No.15/17(2-09), 23 (4-16), 24 (4-16), 24//4 (413) measuring 16 Bighas and 14 Biswas situated in the revenue estate of village Matiala, Delhi (hereafter the subject land). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The petitioner states that notification under Section 4 of the LA Act, inter alia, in respect of the subject land was issued on 27.01.1984. This was followed by a declaration under Section 6 of the LA Act on 18.09.1984. The Award in respect of the land including the subject land was published on 19.09.1986 (Award No.164/86-87). According to the petitioner, the subject land belonged to his father and he has not received any compensation for the same.

5.

The petitioner had filed an application under the Right to Information Act, 2005 (hereafter RTI Act) seeking information regarding acquisition proceedings and whether any compensation was paid to the legal representatives of Late Sh. Rishal Singh (petitioner's father). 6.

In response to the said application, the petitioner received a letter dated 31.08.2024 informing the petitioner that compensation had not been paid in respect of the subject land as the same was gaon sabha land. 7.

The petitioner states that subject land was wrongfully reflected as gaon sabha land on account of certain proceedings under Section 81 of the Delhi Land Reforms Act, 1954 (hereafter the DLR Act). He also refers to a document furnished to him along with the response to his application under the RTI Act, which reflects that petitioner's father had received compensation in respect of some land in the same village but not in respect of the subject land.

8.

The Award also does not indicate that any claim was made by the petitioner's late father in respect of the subject land. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

It is material to note that the Award was rendered on 19.09.1986. The petitioner's father had expired almost thirteen years thereafter in the year 2001. The petitioner had sought information, as referred to above, in the year 2024. In the aforesaid circumstances, the petitioner's claim that his father had any interest in the subject land and his challenge regarding the subject land being treated as gaon sabha land is highly belated. On this ground alone we do not consider it apposite to entertain the present petition. The same is accordingly dismissed.

VIBHU BAKHRU, J GIRISH KATHPALIA, J FEBRUARY 03, 2025 'gsr'

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.