High Court of DelhiW.P.(C)/4750/2015

Krishan v. Govt. Of NCT Of Delhi & ORS

2017-08-01Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Mr. Justice S.P.Garg3 pages

$~12, 14, 15, 16, 17 & 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4750/2015, C.M. APPL.8597/2015 KRISHAN ..... Petitioner versus GOVT. OF NCT OF DELHI & ORS ..... Respondents + W.P.(C) 4778/2015, C.M. APPL.8647/2015 AJIT SINGH ..... Petitioner versus GOVT OF NCT OF DELHI & ORS ..... Respondents + W.P.(C) 4790/2015, C.M. APPL.8662/2015 HARKESH & ANR ..... Petitioners versus GOVT. OF NCT OF DELHI & ORS ..... Respondents + W.P.(C) 5132/2015, C.M. APPL.9296/2015 SARJO AND ORS.

..... Petitioners versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents + W.P.(C) 7330/2015, C.M. APPL.13456/2015 RAN SINGH ..... Petitioner versus GOVT. OF N.C.T. OF DELHI AND ORS.

..... Respondents + W.P.(C) 5533/2016, C.M. APPL.23104/2016 SATPAL SINGH ..... Petitioner versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Sh. Sanjay Parikh, Sh. Aagney Sail and M. Pathak, Advocates, for petitioners, in Item Nos.12 to 17 & 27.

Sh. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate, for L&B/LAC, in Item Nos. 12, 14 to 17 & 27.

Ms. Anusuya Salwan and Sh. Abhishek Pundir, Advocates, in Item Nos.12, 14 to 17.

CORAM:

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

O R D E R

% 01.08.2017 Though these petitions were filed separately and were heard independently, since the issues involved, the learned counsel and the suit lands are common, [in W.P.(C) 4750/2015, W.P.(C) 4778/2015, W.P.(C) 4790/2015, W.P.(C) 5132/2015 & W.P.(C) 5533/2016], these matters are disposed off together through a common order along with W.P.(C) 7330/2015 [in which only the issues involved are common].

The suit lands involved in the present proceedings are as under: W.P.(C) 4750/2015 Petitioner's 1/5th share in agricultural land in Rectangle No.15, Khasra Nos.1(1-17), 2(4-16), 3(5-04) & 9 min(4-16) in Village Kanjhawala W.P.(C) 4778/2015 Petitioner's share in agricultural land in Rectangle No.12, Khasra No.16(4-16) in Village Kanjhawala W.P.(C) 4790/2015 Petitioners' 1/5th share in agricultural land in Rectangle No.15, Khasra Nos.1(1-17), 2(4-16), 3(5-04) & 9 min(4-16) in Village Kanjhawala W.P.(C) 5132/2015 Petitioners' share in agricultural land in Rectangle No.13, Khasra Nos.19(4-16), 21 min(1-12) & 22(4-16)) in Village Kanjhawala W.P.(C) 7330/2015 Petitioner's share in agricultural land in Rectangle No.62, Khasra No.1/1(2-00(B)) and Rectangle No.63, Khasra Nos.4(4-12), 5(4-16), 6(4-16) & 7(4-16) in Village Karala.

W.P.(C) 5333/2016 Petitioner's share in agricultural land in Rectangle No.35, Khasra Nos.2 min (4-04) & 9 min(4-16) in Village Kanjhawala

The petitioners in these matters rely upon the decision in Baljeet Singh v. Govt. of NCT of Delhi & Ors. [W.P.(C) 4775/2015, decided on 13.02.2017] where in respect of lands in Village Kanjhawala, the acquisition was declared to have lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereafter "the 2013 Act"].

The respondents submit, upon instructions, that the records, in fact, substantiate the petitioners' allegations that compensation was not paid in accordance with the law declared by the Supreme Court in Pune Municipal Corporation v. Harakchand Misirimal Solanki 2014

(3) SCC 183.

The Court has considered the submissions of the parties. In view of these statements and having regard to the pleadings, the Court is of the opinion that the petitioners are entitled to the claim made. Accordingly, the acquisition of the suit lands is deemed to have lapsed by virtue of Section 24(2) of the 2013 Act. The writ petitions and the pending applications are allowed in the above terms. S. RAVINDRA BHAT, J S.P.GARG, J AUGUST 01, 2017/ajk