Delhi High Court - Orders
Prakash Chand Sharma & Ors vs Union Of India & Ors on 13 April, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6100/2022 & CM APPL. 18392-18393/2022
PRAKASH CHAND SHARMA & ORS.
..... Petitioner
Through: Mr. Jitendra Mohan Sharma, Sr.
Adv., Mr. Umesh Sharma, Mr. Amrit
Pradhan & Mr. Ajit Sharma,
Advocates.
Versus
UNION OF INDIA & ORS.
..... Respondent
Through: Mr. Mohit Sharma, Sr. Panel Counsel
for R-1/UOI.
Ms. Hetu Arora Sethi, ASC for
GNCTD & Mr. Siddharth Agarwal,
Advocates for R-2.
Mr. Yeeshu Jain, SC for UOI, Ms.
Jyoti Tyagi & Ms. Surbhi Arora,
Advocates for R-3.
Ms. Shobhana. Takiar, SC for
DDA/R-4.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 13.04.2022 CM APPL. 18393/2022 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of. W.P.(C) 6100/2022 & CM APPL. 18392/2022 The petitioners, vide the present petition make the following prayers:-
"A. Issue a writ of certiorari direct, or otherwise quash the W.P.(C) 6100/2022 Page 1 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.04.2022 20:33:48 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Impugned order dated 11.02.2022 bearing F.No. 9(45)/2010/ L&B/LA/6561 issued by the Government of National Capital Territory of Delhi, Land & Building Department (Land Acquisition Branch) and direct the Respondent no.3 to consider the representation of Petitioner u/s 48 of the Land Acquisition Act, 1894 for denotification after giving opportunity for hearing and notify the order in Official Gazette and accordingly modify the notification u/s 4 & 6 of Land Acquisition Act, 1894 in relation to land pertaining to petitioner;
B. issue a writ of mandamus restrain the Respondents and their agents, servants, employees or any other persons from taking or initiating any coercive action of demolition or dispossessions of the petitioners from their land i.e. Khasra No. 37/12 (3-11) and 37/13/1 (1-16) situated in Revenue Estate of Village Bamnoli, Tehsil Vasant Vihar, New Delhi during the pendency of the petition."
At the outset, it is essential to observe that in view of proceedings in W.P.(C) No.2790-2795-2006, an order dated 25.02.2010 of the Hon'ble Division Bench of this Court, it is apparent that the prayer qua challenge to the acquisition of the land in question under the Land Acquisition Act, 1894, does not exist.
Submissions that have been made on behalf of the petitioners inter alia relate to the aspect that a representation seeking denotification of the land had been filed under Section 48 of the Land Acquisition Act, 1894, which had been filed in the year 2010 as is also indicated vide the impugned order dated 11.02.2022 which indicates that the representation was dated 09.03.2010 which vide order dated 11.02.2022 bearing F.No. 9(45)/2010/ L&B/LA/6561 has been rejected with it having been stated therein that it has W.P.(C) 6100/2022 Page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.04.2022 20:33:48 This file is digitally signed by PS to HMJ ANU MALHOTRA.
been so rejected, in as much as, the aforesaid land is required by the DDA for the Dwarka Project, Phase-II.
It is the avowed contention on behalf of the petitioners placing reliance on the verdict of the Hon'ble Supreme Court in "Mysore Urban Development Authority by its Commissioner Vs. Veer Kumar Jain & Ors." in Civil Appeal No.2934/2010 arising out of SLP (C) No.31132/2008 that the principles of audi alteram partem have not been complied with in the instant case and that the petitioner ought to have been given a hearing.
Along with the petition is also an application CM APPL. 18392/2022 filed on behalf of the petitioners seeking ad-interim orders to the effect:-
"i. restrain the respondents, their agents, servants, employees or any other persons from taking or initiating any coercive action of demolition of dispossession of the petitioners from their land i.e. Khasra No.37/12 (3-11) and 37/13/1 (1-16) situated in Revenue Estate of Village Bamnoli, Tehsil Vasant Vihar, New Delhi, during the pendency of the petitioner"
On initial submissions made on behalf of the petitioners, notice of the petition and the accompanying application i.e. CM APPL. 18392/2022 is issued, the same is accepted by the respective counsel on behalf of the respondent nos. 1 to 4.
On behalf of the respondent no.3, learned counsel urges that as indicated vide the impugned order itself dated 11.02.2022, the land in question is required by the DDA for the Dwarka Project, Phase-II i.e. for public purpose.
On behalf of the respondent no.4, learned Standing Counsel submits that no mandamus qua any denotification can be issued.
W.P.(C) 6100/2022 Page 3 of 5Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.04.2022 20:33:48 This file is digitally signed by PS to HMJ ANU MALHOTRA.
It is essential to observe that the crux of the matter in the instant case only relates to the non-giving of a hearing to the petitioners qua the representation dated 09.03.2010 which is stated to have been disposed of after 12 years on 11.02.2022 in relation to which the petitioners urged that they have not been heard at all.
Learned counsel for the respondent no.3 submits to the effect that the same is not possible and that the petitioners would have been heard. If the same is the submission on behalf of the respondent no.3, the affidavit of the authorized representative of the respondent no.3 with the document showing proof of such hearing be placed on record before the next date of hearing.
At this stage, learned counsel for the respondent no.3 has drawn the attention of the Court to Annexure P-18, an order dated 11.04.2022 issued by the ADM/LAC, Kapashera, New Delhi submitting to the effect that demolition/handing over of the possession of the acquired land of Village Bamnoli was scheduled for 13.04.2022 at 10.00 AM. In relation to this aspect, a query has been put to the learned senior counsel for the petitioners qua which it has been submitted to the effect that though the personnel of the respondents are present at the spot, no demolition has taken place so far.
It is further submitted on behalf of the petitioners that in relation to the averments made in paragraph 4.64 of the petition qua the National Highway Authority of India having issued another notification acquiring part of the said land vide award notification dated 31.07.2020 announcing Award No.5/2020/SW of acquisition of lands in Village Bamnoli under Section 3G of the National Highways Act, 1956 for land 0.9382 hectares for development of Dwarka Expressway of NHAI, though, the possession of W.P.(C) 6100/2022 Page 4 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.04.2022 20:33:48 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the said land has not been taken over till date by the NHAI nor has any compensation for the land been paid to the petitioners, the present writ is without prejudice to the said proceedings with it having been submitted on behalf of the petitioners now that the petitioners have not come in the way neither of the acquisition nor for the taking over of the possession by the NHAI for the land detailed in vide notification dated 31.07.2020 announcing Award No.5/2020/SW of the land in Village Bamnoli. The petitioners shall remain bound by the said submission made on their behalf by the learned senior counsel.
The matter is directed to be re-notified for the date 19.04.2022. Till the next date of hearing, the status quo qua the property in question be maintained by either party to the petition.
Furthermore, the photographs of the spot today be placed on record by the petitioners and by the respondent no.3 with the affidavit of the petitioners and the authorized representative of the respondent no.3 during the course of the day.
ANU MALHOTRA, J APRIL 13, 2022 nc W.P.(C) 6100/2022 Page 5 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:13.04.2022 20:33:48 This file is digitally signed by PS to HMJ ANU MALHOTRA.