Surinder Kaur Thapar v. Dda & ANR.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7333/2024 SURINDER KAUR THAPAR .....Petitioner Through:
Mr. Surya Pratap Singh, Adv.
versus DDA & ANR.
.....Respondents Through:
Mr. Sanjay Kumar Pathak, Standing Counsel with Mrs. K. K. Kiran Pathak, Mr. Sunil Kumar Jha and Mr. M. S.
Akhtar, Advs. for R-2/LAC.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
O R D E R
% 23.01.2025 1.
The petitioner has filed the present petition, inter alia, praying as under:- "issue an appropriate writ/order, directions in the nature of mandamus directing the respondents to release the compensation / amount in lieu of the said land along with interest land acquired by the DDA vide Notification No. F.9(12)/95/L&B/ A/974 dated 27.06.1996 without any further delay."
2.
The petitioner is aged about 77 years and is the owner of 1 Bigha of land, out of a larger tract of land, which is described as Khasra No.769(4-16),770(3-2),772(6-2),773(4-16),774(4-16),781(4-16),782(4-16),7 83(3-10),784(6-2),807(2-18),808(4-16),813(4-16),814(5-10),815(3-2),816(4 -16),817(3-16),818(7-0),819(4-16),824/1(1-2),826(4-13) total measuring 45 Bighas, being 1⁄2 share of 90 Bighas 1 Biswa, land situated in the revenue estate of Village Malikpur Kohi @ Rang Puri, Delhi. The petitioner‟s land 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 29/01/2025 at 12:32:04
was subject to acquisition in terms of notification issued under Section 4 of Land Acquisition Act, 1894 (hereafter LA Act) vide Notification No. F.9 (12)/95/L&B/LA/9741 dated 27.06.1996.
3.
Thereafter, the same was followed by Notification No. F.9(12)/95/ L&B/LA/6254 dated 24.06.1997 under Section 6 of the LA Act. The Award bearing No.7/98-99/SW dated 22.06.1999 made under Section 11 of the LA Act.
4.
The petitioner‟s grievance is that the possession of her land has been taken, however, the compensation has not been disbursed. 5.
Considerable time has elapsed since the petitioner‟s land was acquired. There is also no dispute that the petitioner is entitled for compensation for the land acquired.
6.
Learned counsel appearing for the LAC submits that the compensation has not been paid as the necessary funds have not been received from the beneficiary (respondent No. 1/DDA).
7.
Clearly, payment of compensation cannot be postponed indefinitely. We accordingly direct the respondents to ensure that the compensation along with interest and statutory benefits, in accordance with law, is paid to the petitioner within a period of 12 (twelve) weeks from today. 8.
The petition is allowed in the aforesaid terms. Pending applications, if any, are also disposed of.
VIBHU BAKHRU, J.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 23, 2025/R 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. The Order is downloaded from the DHC Server on 29/01/2025 at 12:32:04