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Gursharan Singh Chhabra vs Government Of Nct Of Delhi & Ors on 2 February, 2023

                            $~22
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +     W.P.(C) 1337/2023 & CM APPL. 4988/2023
                                  GURSHARAN SINGH CHHABRA             ..... Petitioner
                                              Through: Mr. Akshay Makhija, Sr.
                                                       Advocate with Mr. Adarsh
                                                       Chamoli, Advocate
                                              versus

                                  GOVERNMENT OF NCT OF DELHI & ORS. ... Respondents
                                                Through: Mr. Avishkar Singhvi, Mr.
                                                         Vivek Kr., Mr. Naved Ahmed,
                                                         Advocates    for    R-1,2,3,4
                                                         (M:7701828881)
                                  CORAM:
                                  HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                    ORDER

% 02.02.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 4988/2023 (u/S 151 CPC for exemption)

1. The present is an application under Section 151 CPC for exemption from filing certified copies of the annexures along with typed copies and with proper margins and original annexures.

2. Recording the undertaking on behalf of the petitioner that the defects shall be cured within a period of four weeks, exemption is allowed. Application is disposed of.

W.P.(C) 1337/2023

3. The present writ petition has been filed praying that this Court may issue an appropriate direction to the respondent No.4 to register the Sale deed dated 14.11.2022 in respect of land measuring 5 Bighas and 16 Biswas bearing Khasra No. 439 (4-16) and 438 Min (1-0), Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:07.02.2023 19:08:30 situated in the Revenue Estate of village Shahoorpur, Tehsil Saket, New Delhi. There is prayer for setting aside the order which is Deficiency Memo dated 14.11.2022 issued by respondent No.4 whereby the Sub-Registrar/respondent No.4 has refused to register the Sale deed dated 14.11.2022 and the same has been returned on the ground that there is requirement of No-Objection Certificate (NOC)/ Land Status Report from respondent Nos. 2 and 3.

4. It is the case on behalf of the petitioner that petitioner is owner and in possession of the property in question. The said property was subject to acquisition under The Land Acquisition Act, 1894 (Old Acquisition Act). Subsequently, the Act of 1894 was repealed and was replaced by The Right to Fair Compensation and Transparency in Land Rehabilitation and Resettlement Act, 2013 (New Acquisition Act). Thus, under Section 24(2) of the New Acquisition Act, the land acquisition proceedings initiated under the Old Acquisition Act stood lapsed. It is submitted that the petitioner approached this court by filing W.P.(C) 5679/2014 seeking a declaration that the acquisition proceedings initiated under the Old Acquisition Act in respect of which Award No.10/1987-88 dated 14.05.1987 had been passed, shall be deemed to have lapsed. Subsequently, by its judgment dated 10.11.2014, Division Bench of this Court allowed the writ petition thereby holding that the petitioner is entitled to a declaration that the acquisition proceedings initiated under the Old Acquisition Act are deemed to have lapsed.

5. Thereafter, DDA filed appeal being C.A. No. 8618/2016 before the Supreme Court challenging the said Division Bench judgment Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:07.02.2023 19:08:30 dated 10.11.2014 passed by this Court. Subsequently, respondent No.1 also filed appeal before Supreme Court being C.A. No. 8986/2016 challenging the aforesaid judgment dated 10.11.2014 passed by the Division Bench of this Court. It is submitted that the Supreme Court by its judgments dated 31.08.2016 and 08.09.2016 respectively dismissed the aforesaid appeals filed on behalf of the DDA and respondent No.1.

6. Thereafter, DDA also filed Review Petition being R.P.(C) No. 381/2017 against the judgment dated 31.08.2016 passed by the Supreme Court. However, the said Review Petition was also dismissed by the Supreme Court vide order dated 20.09.2017. Thus, it is submitted that as far as ownership and possession of the petitioner is concerned, the said status has attained finality. It is contended that subject property is free from any acquisition pursuant to the aforesaid orders passed by this Court as well as the Supreme Court. Thus, it is submitted that respondent No.4 has illegally and arbitrarily refused the registration of the Sale deed dated 14.11.2022 and has returned the same vide Refusal letter/Deficiency Memo dated 14.11.2022.

7. Ld. Counsel for petitioner submits that the present case is covered by the three judgments passed by coordinate Bench of this Court viz. judgment dated 06.09.2012 passed in W.P.(C) 7242/2017; judgment dated 25.10.2021passed in W.P.(C) 798/2019 and judgment dated 18.08.2022 passed in W.P.(C) 11318/2022.

8. Issue notice. Notice is accepted by ld. Counsel appearing for respondents. Let reply be filed within a period of six weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

9. List for hearing on 28.04.2023.

MINI PUSHKARNA, J FEBRUARY 2, 2023/au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:07.02.2023 19:08:30