Devkumar G Aggarwal And ORS v. The Land Acquisition Collector

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6965/2014 DEVKUMAR G AGGARWAL AND ORS ..... Petitioners Through Mr. J.M. Bari and Mr. Ankush Bari, Advs.

versus THE LAND ACQUISITION COLLECTOR ..... Respondent Through Ms. Jyoti Tyagi, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.08.2016 The petitioner is aggrieved by the fact that the land Acquisition Collector/ respondent is not taking care of his claim; the claim set up by the petitioner is that he is entitled to compensation qua the land measuring 18 bigha and 3 biswas in Village Karkardooma. His submission is that in terms of the Development Agreement dated 15.07.1987, he has become part owner of that land and he is entitled to compensation.

This position is disputed by the respondent. The respondent has filed a detailed counter affidavit. Submission is that no rights have accrued in favour of the petitioner in terms of his Development Agreement dated 15.07.1987 which as per the respondent is void. Even otherwise, the contention of the respondent is that the compensation amount (since it was in dispute) has been deposited with the Reference Court.

At this stage, learned counsel for the petitioner submits that he may be granted permission to approach the Reference Court to set up his claim, if any. On this point, learned counsel for the respondent submits that Reference Court can only deal with the apportionment of the compensation to be given to the person but it may not be able to decide the title and ownership of the land.

Be that as it may, the Reference Court, on an application to be filed by the petitioner, will decide the claim of the petitioner in accordance with law.

No further orders are called for on this application. It is disposed of.

INDERMEET KAUR, J AUGUST 11, 2016