High Court of DelhiW.P.(C)/1258/2017

Sardar Singh v. Union Of India & ORS

2017-07-31Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Mr. Justice S.P.Garg2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1258/2017 & CM APPL. 5721/17 SARDAR SINGH ..... Petitioner Through :

Mr.Deepak Khosla, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through :

Mr.K.K.Jha, Advocate for L&B/LAC.

Ms.Sarit Panda, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 31.07.2017 The petitioner seeks a direction that the suit lands being Khasra No. 5/25/2/1 (0-5) and 10/30 (13-09) total measuring 13 bighas and 14 biswas situated in village Sahipur, Delhi, was subjected to acquisition which was quashed by judgment and order of the Supreme Court in Civil Appeal No. 2851/2009 Rattan Singh vs. Union of India with IA No. 05 in Civil Appeal No. 2852/2009 and IA No. 5/16 in Civil Appeal No. 2853/2009 Vijay Kumar vs. Union of India & Ors. decided on 08.12.2015; the lands were freed from acquisition. The petitioner relies upon copies of his representations dated 15.01.2016, 01.02.2016, 11.07.2016 & 03.10.2016 requesting the respondent / revenue authorities to make appropriate changes in the khatoni and all other related documents. The said documents continue to reflect that the suit lands are subject to an award.

Despite notice and repeated opportunities, the respondents have not filed counter-affidavit. It is clear from the record that the acquisition of the suit lands stood quashed by virtue of operation of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as declared by the Supreme Court in its judgment dated 08.12.2015. In the circumstances, the consequent orders to give effect to the Supreme Court's orders are necessary. The respondents are hereby directed to take appropriate consequential action in accordance with law within six weeks from today and directly communicate their decision and the corrections, if any, to the petitioner. The writ petition is allowed in the above terms. S. RAVINDRA BHAT, J S.P.GARG, J JULY 31, 2017 / tr