Delhi District Court
Sh. Khyali Ram & Others vs Unknown on 28 February, 2007
IN THE COURT OF SH. YASHWANT KUMAR :
ADDITIONAL DISTRICT JUDGE (LAC) : DELHI
LAC No : 4/2/07
In the matter of :
Union of India
through Land Acquisition Collector,
(MSW), Delhi.
Versus
Sh. Khyali Ram & Others ... Claimants
CLAIM OF IP NO.42 & 43 UNDER SECTION 30-31 OF THE LAND
ACQUISITION ACT, 1894
Village - Mehrauli, Delhi
Award No. - 80B/Supplementary
AWARD
1 This reference U/sec. 30-31 of the Land Acquisition Act (hereinafter
referred as LA Act) was sent to this court by the Land Acquisition Collector
(hereinafter referred to as LAC) as there was a dispute among the interested
persons of the acquired land. As per the aforesaid award passed by the LAC, the
proceedings u/s 11 of the LA Act, 1894 in respect of land measuring 36 bighas 14
biswas situate in Mehrauli were held. The land formed part of notification u/s 4
of the LA Act issued by Delhi Administration vide No.F.4 (98)/64-L & H dated
23.01.65 for 4820 bighas and the notification u/s 6 of the LA Act issued vide
No.F.4 (98)/64-L & H (i) dated 07.12.66 for an area measuring 4615 bighas 02
biswas. Out of the above notification u/s 6 dated 07.12.66, an area measuring
486-03 was acquired through award No.80/1970-71 and an area measuring 301
bighas 04 biswas was acquired through award No.80-A/Supplementary. The
LAC in the said award No.80-A/Supplementary has mentioned that the present
acquisition proceedings are confined to an area measuring 36 bighas 14 biswas
and will be treated as Supplementary proceedings for which the memorandum
containing the particulars and details of dispute and other relevant information
for adjudication of dispute among the interested persons was sent by the LAC
to the reference Court.
2 I have heard the counsel for IP Nos.42 & 43 and have perused the
materials on record.
3. There are a number of interested persons (hereinafter referred to as
IPs in short) claiming the interest in the acquired land. The IP nos. 42 & 43
among other IPs have also appeared and contested their claims. Perusal of the
record reveals that some of the other IPs have received their compensation after
they have been declared entitled as per the judgments passed by the
Ld.Predecessor Court. However, the claim of IP Nos.42 & 43 left undecided for
the reasons mentioned in the application/claim filed by the IP No.s 42 & 43. It is
the case of IP No.42 namely Sh.Mohd.Aquil s/o Mohd.Jan & IP No.43 namely
Badruddin s/o Zikiruddin that they had purchased the land measuring 200
sq.yds. Plot No.46, block-B, situate at Laxmi Garden, Village Mehrauli, Delhi by
a registered Sale Deed dated 17.09.1962 and registered on 25.10.1962 from
Mohan Lal s/o Tara Chand who in terms purchased the same from Sh.Vishnu
Dutt, the sole proprietor of M/s New India Land and Housing Society, New
Delhi. It is also stated by IP Nos.42 & 43 that the Ld.Predecessor Court has
decided the claims of other IPs on the basis of mutation granted in favour of IP
No.2 which fact is mentioned on page No.2 of order dated 02.12.1983. The IP
Nos.42 & 43 have proved the aforesaid Sale Deeds as Ex.X1 and X2 vide the
separate statement of IP No.43 recorded in the Ld.Predecessor Court on
28.10.03. I have also perused the said Sale Deeds Ex.X1 & X2 which are placed on record. In the judgment dated 02.12.83 passed by the Ld.ADJ, Delhi in this reference, the claims of the IPs for apportionment of their share in compensation amount were considered and decided in respect of the land covered by award No.80B/Supplementary. The Ld.ADJ, in the said judgment, held that "in view of the above Sale Deeds said IPs/LRs as the case may be are entitled to the compensation of the share of the land for which Sale Deeds stand in their favour".
4. The Sale Deed Ex.X2 was executed and duly registered with the Sub- registrar, New Delhi on 18.05.61 by Sh.Sudesh Kumar Ungrish s/o Pt.Harbans Lal r/o 6718, 10, Dev Nagar, Carol Bagh, New Delhi General Power of Attorney executed on 28.04.61 for and on behalf of Sh.Vishnu Dutt Datta s/o Sh.Bansi Dhar Datta Sole Proprietor of M/s New India Land & Housing Society, 57, Municipal Market, Cannaught Circus, New Delhi in favour of Sh.Mohan Lal s/o Sh.Tara Chand r/o H.No.3113, Gali Susheela, Kali Masjid, Sita Ram Bazaar, Delhi. Sh.Vishnu Dutt Datta has specifically mentioned in the said Sale Deed that he is the absolute owner and in possession of a plot of land bearing plot No.46, Block-B, measuring 200 sq.yds. in an undeveloped and unapproved colony known as Laxmi Gardens, Delhi situate at Village Mehrauli, Delhi which was sold to Sh.Mohan Lal/vendee for a sum of Rs.700/-. The IP Nos.42 & 43 have proved their rights over the said acquired land by unrebutted documentary evidence, therefore, the IP No.42 & 43 are entitled to receive compensation amount in respect of the acquired land vide the aforesaid Khasra Nos. for the land measuring 200 sq.yds. Plot no.46 Block-B, situate at Laxmi Nagar, Mehrauli, Delhi. The claim of IP Nos.42 & 43 is answered accordingly.
5. Nazir to take necessary steps for calculation of the compensation amount with interest, if any thereon and put up for remittance of compensation amount by way of vouchers after verifying the particulars of IP nos.42 & 43 on 11.04.2007.
Announced in open court ( YASHWANT KUMAR )
on 28.02.2007 ADDL. DISTRICT JUDGE (LAC)
DELHI
LAC No.4/2/06
28.02.2007 (at 4.00 P.M.)
Present- None
Vide separate order dictated and announced in the open court, the claim of IP Nos.42 & 43 in the present reference is answered accordingly.
Nazir to take necessary steps for calculation of the compensation amount with interest, if any thereon and put up for remittance of compensation amount by way of vouchers after verifying the particulars of IP nos.42 & 43 on 11.04.2007.
( YASHWANT KUMAR) ADJ/LAC/DELHI/28.02.2007