Delhi High Court - Orders
Chotti Devi Through Gpa Holder Sh. Ajay ... vs State Of Delhi N.C.T. Through Sub ... on 12 January, 2023
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 361/2023 & CM APPL. 1412/2023
CHOTTI DEVI THROUGH GPA HOLDER SH. AJAY
KOCHAR ..... Petitioner
Through: Mr. Bharat Arora with
Mr. Harsh Jaiswal, Advocates.
(M): 9811628929
Email: [email protected]
versus
STATE OF DELHI N.C.T. THROUGH SUB REGISTRAR
VA ..... Respondent
Through: Ms. Mreganka Kukreja, proxy
counsel for Mr. Shadan Farasat,
ASC, GNCTD.
(M): 7049007766
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 12.01.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 1412/2023 (Application on behalf of petitioner under Section 151 CPC seeking exemption from filing certified copies of annexure(s), order(s) and dim copies)
1. This is an application under Section 151 CPC seeking exemption from filing certified copies of annexures, orders and dim copies.
2. Recording the undertaking on behalf of petitioner that defects shall be cured within four weeks, exemption is allowed.
3. The application is disposed of accordingly.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11W.P.(C) 361/2023
4. The present petition has been filed inter alia seeking issuance of directions to the respondent to carry out registration of land bearing Khasra No. 842, measuring 4 bighas 16 biswas, Village Satbari, New Delhi.
5. Vide two notifications dated 05.11.1980 and 25.11.1980, issued under Section 4 of the Land Acquisition Act, 1894, the Delhi Administration notified lands of 13 South Delhi villages including subject land, for a 'Public Purpose' namely 'Planned Development of Delhi'. It is submitted that the declaration qua the said notified lands including the subject land was issued under Section 6 of the Land Acquisition Act, 1894, on 20.05.1985, and the award under Section 11 of the Land Acquisition Act, 1894, was made in the year 1987-88. However, no plans were made for utilization of said lands and the same were later on also declared as Low Density Residential Housing as per the Notification No. S.O. 119E dated 10.05.2013.
6. It is submitted on behalf of the petitioner that despite initiation of acquisition proceedings qua subject land, the physical possession of the subject land was neither taken by the Govt. of NCT of Delhi nor transferred to the Delhi Development Authority. It is submitted that the possession of the land remained with the petitioner. Even the compensation qua the property was not paid to the petitioner but was only deposited in the treasury, which was apparently meant to be disbursed to the concerned persons.
7. It is submitted that in the year 2014, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11 and Resettlement Act, 2013 (Act of 2013), came into effect by virtue of notification dated 19.12.2013. Consequently the petitioner filed writ before this Court being W.P. (C) No. 9137/2014. By way of the said writ petition, a declaration was sought to the effect that the acquisition proceedings initiated under the Land Acquisition Act, 1894 in respect of the petitioner's land, be deemed to have lapsed.
8. Subsequently, by order dated 06.07.2015, this Court allowed the aforesaid writ petition filed on behalf of the petitioner and held that petitioner was entitled to a declaration that the acquisition proceedings in respect of the subject land are deemed to have lapsed. under Section 24(2) of the Act of 2013.
9. Against the aforesaid order dated 06.07.2015, passed by this Court in W.P. (C) No. 9137/2014, the DDA filed Special Leave Petition bearing no. 33344/2015, which was later converted to Civil Appeal No. 6296/2017. Govt. of NCT of Delhi also filed Special Leave Petition bearing no. 28281/2016 before the Supreme Court .
10. It is the case on behalf of the petitioner that the Supreme Court vide order dated 04.05.2017 dismissed both the SLPs bearing no. 33344/2015 (Civil Appeal No. 6296/2017) and SLP No. 28281/2016, filed both by the DDA and Govt. of NCT of Delhi, respectively.
11. Subsequently, against order dated 04.05.2017 passed by the Supreme Court, the DDA filed a Review Petition bearing no. 45471/2019. However, the said Review Petition also came to be dismissed vide order dated 03.03.2020.
12. It is submitted that the petitioner has approached the respondent several times seeking registration of sale deed qua the subject land.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11However, the respondent has failed to comply with the said request of the petitioner, despite various orders in her favour.
13. Learned counsel for the petitioner draws the attention of this Court to Annexure-A10 filed along with the present petition. The said annexure contains order dated 18.10.2022 passed by Coordinate Bench of this Court in W.P. (C) 14561/2022 and Annexure A11, which is order dated 18.08.2022 passed by Coordinate Bench of this Court in W.P. (C) 11318/2022. By relying upon the said orders, it is submitted that the case of the present petitioner is similarly placed and that the present case is covered by the aforesaid orders passed by this Court.
14. Issue notice to respondent.
15. Notice is accepted by learned counsel appearing for respondent.
16. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within one week thereafter.
17. List for consideration on 20.04.2023.
MINI PUSHKARNA, J JANUARY 12, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:13.01.2023 15:15:11