Delhi District Court
Union Of India (Karala) vs Balbir Singh Ors. (I.P.No. 1) (2205-06) on 2 May, 2024
IN THE COURT OF SH. SHIVAJI ANAND,
PRESIDING OFFICER : MOTOR ACCIDENT CLAIMS TRIBUNAL &
ADDITIONAL DISTRICT JUDGE -01, NORTH WEST : ROHINI COURTS,
DELHI
DLNW01-000883-2013
LAC No.303/16
Village Karala
UNION OF INDIA
Through Land and Acquisition Collector (N/W)
.......... Petitioner
Versus
1. Balbir Singh S/o Attar Singh R/o VPO Md. Pur Majri, Delhi.
2. Ranbir S/o Chuni Lal, R/o VPO Md. Pur Majri, Delhi.
3. Suraj Bhan S/o Rati Ram, R/o Karala, Delhi.
4. The Resident Welfare Association (RWA), Utsav Vihar
O/o at 90/1 and 90/, Utsav Nagar, Block A, Delhi.
5. Suraj Pal S/o Sukh Ram, R/o 178, Canara Apartment, Sector-13, Rohini, Delhi-85.
6. Jaswant Ram Arora, S/o Ganpat Ram, R/o 42/2, Shastri Park, Chander Nagar.
7. Archana Devi W/o Manav Sharma, R/o C-26, Milap Nagar, Uttam Nagar, Delhi.
8. Seema W/o Narender Sharma, R/o C-26, Milap Nagar, Uttam Nagar, Delhi.
9. Vikas Kumar S/o Ganga Ram, R/o 205, Sector-23, Rohini, Delhi.
10. Yashpal Chawla S/o RR Chawla, R/o Plot No.22, Manav Apartment, Paschim Vihar,
Delhi.
IP no.1 to 9 are objectors for land and IP no.10 is the recorded owner of the land.
...........Interested persons
LAC No.303/16 Union of India Vs. Balbir Singh & ors. 1/4
Date of Institution : 09.10.2013
Date of judgment pronounced on : 02.05.2024
Date of judgment : 02.05.2024
REFERENCE UNDER SECTION 30-31 OF LAND ACQUISITION ACT, 1894
JUDGMENT
1. The present reference petition with a counterary cheque for the sum of Rs.5,34,462/- was moved by LAC and notice issued to all interested persons. Kanoongo Sh. Shekhar Sharma had appeared on behalf of LAC on 09.10.2013. LAC has no objection to release the amount to true claimants and no dispute is raised regarding the correctness of interested persons.
2. In the reference petition it is submitted by LAC that possession of land has been acquired in terms of award and compensation is to be disbursed. It is submitted that the subject land was acquired from the IP no.1 Sh. Balbir and award was also passed in his favour by the LAC concerned and its actual possession was also handed over by the IP no.1 to acquire department.
3. Vide order dated 06.01.2020, IP no.5 Sh. Suraj Pal Singh stated that he has no concerned with the land in question i.e. Khasra No.84//25 area measuring 1 bigha situated in the revenue estate of Village Karala, Delhi belongs to Sh. Yashpal Chawla i.e. IP no.10 in the present case. He further stated that he was not claiming any compensation in respect of land in question.
4. IP No.2 and 3 Ranbir and Suraj Bhan had already expired which had been confirmed from the report of LAC. Neither anyone had appeared nor the claims had been preferred on behalf of IP no.2, 3, 7, 8, 9 and 10. Vide order dated 06.01.2020, the right to file the claim on behalf of IP no.2, 3, 7, 8, 9 and 10 was closed. LAC No.303/16 Union of India Vs. Balbir Singh & ors. 2/4
5. Vide order dated 05.09.2023, the right to file the claim on behalf of IP no.4 to 6 was closed.
6. Evidence by way of affidavit of IP no.1 Balbir Singh has been filed and tendered his evidence by way of affidavit Ex.IP1W1/A and relied upon the following documents:
a. GPA vide Regd. No.47019 dated 23.08.1999 which is Ex.IP1W1/1 (OSR).
b. Agreement to sale which is Ex.IP1W1/2 (OSR). c. Affidavit which is Ex.IP1W1/3 (OSR). d. Possession letter which is Ex.IP1W1/4 (OSR). e. Receipt which is Ex.IP1W1/5 (OSR). f. Sale deed vide Regd. No.3347 which is Ex.IP1W1/6 (OSR). g. Will dated 23.08.1999 which is Ex.IP1W1/7(OSR).
7. Sh. Yashpal Chawla is the IP no.10 in the present case. Vide order dated 02.05.2024, he stated that he was the recorded owner of the land comprising of Khasra no.84//25 MIN (1-00). He stated that he has sold the abovesaid land to Sh. Balbir Singh IP no.1 vide document General Power of Attorney (Registered) vide registration no.47019 Book No.4, Vol. No.2484 page no.18 to 19, will (registered vide registration no.40655, book no.3, Vol No.1054, Page No.29) and Agreement to Sell, Special Power of Attorney, Affidavit, Possession letter and receipt, all attested by Notary public all dated 23.08.1999 and on 23.08.1999, the abovesaid land was acquired vide award no.22/2005-06. He further stated that he has no objection if the compensation of the land in question is released in favour of IP no.1 Balbir Singh.
8. I have heard the arguments addressed by Sh. M. C. Verma, Ld. counsel for IP no.1. None had appeared on behalf of other IPs. I have perused the entire record including the documents and the evidence led by the parties. I have given a thoughtful LAC No.303/16 Union of India Vs. Balbir Singh & ors. 3/4 consideration to the same.
9. As per memorandum of reference forwarded by LAC, IP no.1 to 9 are objectors for land and IP no.10 is the recorded owner of the land. To prove the case, IP no.1 has relied upon the copy of GPA vide Regd. No.47019 dated 23.08.1999, agreement to sale, affidavit, Possession letter, Receipt, Sale deed vide Regd. No.3347, Will dated 23.08.1999.
10. In view of this, it is clearly shows that there is no dispute regarding claimant on the basis of available record and accordingly the reference is answered when no other claimant has come forward to seek compensation except IP no.1, thus, the entire compensation be disbursed to IP no.1 Sh. Balbir Singh on completion of necessary formalities.
11. The reference petition is answered accordingly. Decree sheet be also prepared accordingly.
12. The District Nazir is directed to release the awarded amount of the land to the IP no.1 Balbir Singh in the above terms as per th findings subject to filing of necessary documents and completion of necessary formalities after receiving the amount from the concerned bank. Copy of this judgment be sent to the LAC.
13. File be consigned to record room.
Announced in open court on 2nd May, 2024.
(Shivaji Anand) ADJ-1+ MACT, N/W, Rohini Courts, 02.05.2024 LAC No.303/16 Union of India Vs. Balbir Singh & ors. 4/4