Radha & ORS. v. Land Acquistion Collector & ANR.

$~77 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2983/2025 and CM APPL. 14126/2025 RADHA & ORS.

.....Petitioners Through:

Mr Abhay Dixit with Mr Harish Plaha, Advocates.

versus LAND ACQUISTION COLLECTOR & ANR.

.....Respondents Through:

Mr Sanjay K. Pathak with Mr Sunil K. Jha, Mr M.S. Akhtar and Mr Mayank Madhu, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 10.03.2025 1.

Issue notice. The learned counsel appearing for the respondents accepts notice.

2.

The petitioners have filed the present petition, inter alia, praying as under:

"a) Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondents to adjudicate upon and decide the representation-cum-legal notice dated 11.11.2024 within a stipulated timeframe.

b) Direct the Respondents to immediately release the compensation amount due to the Petitioners in terms of Award No. 8/2008-09/SW dated 14.11.2008 and the compensation memorandum bearing No.

ADM/LAC/SW/2021-22/4883 dated 28.01.2022.

c) Award the costs of this petition to the petitioner." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

It is the petitioners' case that they owned lands which were the subject matter of acquisition in terms of an award rendered under Section 11 of the Land Acquistion Act, 1894 (hereafter the LA Act) being Award No.8/200809/SW dated 14.11.2008. It is stated that the physical possession of the said land was taken over by the Land Acquisiton Collecter (hereafter LAC) on 03.10.2019. It is stated that a memorandum was also prepared setting out the amounts of compensation due to each of the land owners (64 in number), which was forwarded on 28.01.2022 to the Court of Addl. District Judge, Land Acquistion Court, South-West, Dwarka (ADJ). It is contended that there was no dispute amongst the 64 land owners regarding their share of the compensation, which is specifically mentioned in the memorandum forwarded to the learned ADJ. Notwistanding the same, the amounts due to the petitioners have not been disbursed.

4.

The learned ADJ found that there were certain anomalies and the reference was not in the correct format, accordingly, by an order dated 28.02.2024, remanded the same to the LAC. Resultantly, the petitioners have been unable to collect the compensation due to them. 5.

Mr Pathak fairly states that the petitioners' representation cum legal notice dated 11.11.2024 may be directed to be decided in a time bound manner. He also states that, if necessary, the reference in a correct format would be made to the learned ADJ, as directed. 6.

In view of the above, we consider it apposite to bind down the respondents to the statement made on their behalf. We direct the LAC to decide the representation dated 11.11.2024 as expediously as possible and within a period of eight weeks from date.

The LAC shall ensure that if The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

necessary, the reference is forwarded to the learned ADJ in the correct format within the aforesaid period.

7.

The present petition is disposed of in the aforesaid terms. Pending application shall also stand disposed of.

8.

All rights and contentions of the parties are reserved. VIBHU BAKHRU, J TEJAS KARIA, J MARCH 10, 2025/tr 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.