Narender Rana & ORS. v. State & ORS.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5880/2013 NARENDER RANA & ORS.

.....Petitioners Through:

Mr. N.S.Negi, Advocate with Mr.

Ashish Negi, Advocates.

versus STATE & ORS.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr. M.S.

Akhtar, Advs for R-1, R-2 and R-4.

Ms. Manika Tripathy, S.C. with Mr. Gautam Yadav, Adv for DDA.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 04.08.2025 1.

Having heard the respective counsels, it is borne from the record that out of the award passed for a total 4 bighas and 16 biswas, compensation has been paid for 2 bighas and for the remaining land of 2 bighas and 16 biswas, respondent no.4/Land Acquisition Collector (LAC) is willing to deposit the compensation within a period of six weeks from today. 2.

LAC shall make payment of compensation for land measuring 2 bighas and 16 biswas, subject to satisfying requisite conditions as reflected in the judgment delivered by Apex Court in Civil Appeal No. 2531/2023 titled as Delhi Development Authority v. Monika Shukla & Ors. particularly para 5 which is extracted as under: "Under the circumstances, the impugned judgment and order passed by the High Court directing to pay the compensation under the 2013 Act is unsustainable. At this stage, the learned counsel appearing on behalf of respondent No.1 and other respondents prayed that in that 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 07/08/2025 at 12:48:29

case, the concerned writ petitioners be paid the compensation even under the Land Acquisition Act, 1894 (for short, `the 1894 Act') as per the Award declared by the Land Acquisition Collector. Therefore, it is directed that subject to each of the original writ petitioners satisfying the concerned Land Acquisition Collector of their status and entitlement to receive compensation by producing the chain of the property title/authorisation, the compensation under the 1894 Act be paid to them in accordance with law and as per its own merit. However, the impugned judgment and order passed by the High Court directing to pay compensation under the 2013 Act is unsustainable."

3.

The aforesaid amount of compensation be calculated with interest and solatium and be paid within a period of eight weeks from today. 4.

In view of the aforesaid, since the acquisition cannot be said to be lapsed under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, having regard to the deemed possession taken by Delhi Development Authority (DDA) in view of order dated 18th October 2016 and 10th March 2015 in SLP Civil No. 16385-88/2012 titled as Rahul Gupta v. Delhi Development Authority. Therefore, we see no reason to cause interference. 5.

Petition accordingly, stands disposed of.

6.

Pending applications are rendered infructuous. 7.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J AUGUST 4, 2025/RK/sp 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 07/08/2025 at 12:48:29