Kavita Sharma v. State Of Gnct & ORS

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10355/2016, C.M. APPL.40709/2016 KAVITA SHARMA ..... Petitioner Through: Sh. Sujeet Kumar Mishra and Sh. Haider Ali, Advocates.

versus STATE OF GNCT & ORS ..... Respondents Through : Sh. Arun Birbal and Sh. Sanjay Singh, Advocates, for DDA.

Ms. Jyoti Dutt, Sh. Rahul Sharma and Sh. C.K. Bhatt, Advocates, for Respondent No.2.

Sh. Puneet Agrawal, Advocate, for Land and Building Department.

Ms. Arti Bansal, Advocate, for SDMC with Sh.

S.K. Jain, AE and Sh. Abhay Chaturvedi, JE.

CORAM:

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

O R D E R

% 11.07.2017 The petitioner seeks a declaration that the plot of land in Khasra no.15/19, being plot no.187, Mansa Ram Park, Block E, Uttam Nagar, situated in Village Matiala, Najafgarh Road, New Delhi is deemed to have lapsed for the reason that compensation was not paid and possession continues to be with her.

During the course of hearing, it was contended that the said lands were in fact exempted and not acquired. As a result, the respondents/revenue authorities have produced the record, i.e. the

original award which does not substantiate the submission; in fact, the lands were assessed to compensation in the hands of the Gram Sabha. It is stated that the Gram Sabha could not have lawfully claimed ownership and thus was not entitled to compensation because of the provisions of the Delhi Land Reforms Act, 1954. As it was pointed out that the correctness of the revenue entries is a matter of presumption under the Punjab Land Revenue Act, learned counsel submitted that the petitioner may be given liberty to approach the concerned revenue authorities for correction of records in accordance with law.

Liberty granted.

The writ petition is accordingly dismissed as withdrawn along with the pending application.

S. RAVINDRA BHAT, J S.P.GARG, J JULY 11, 2017/ajk