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Delhi High Court - Orders

Gurcharan Singh & Ors vs Union Of India & Ors on 23 June, 2021

Bench: Anup Jairam Bhambhani, Jasmeet Singh

                                                        via Video-conferencing

$~DB-9

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+        W.P.(C) 5997/2021

         GURCHARAN SINGH & ORS.                             ..... Petitioners

                              Through:   Mr. Gaurav Kochar, Mr. Anchit
                                         Sharma & Ms. Anukriti Pareek,
                                         Advocates.
                              versus

         UNION OF INDIA & ORS.                              ..... Respondents

                              Through:   Mr. Vikrant N. Goyal, Advocate for
                                         UOI.
                                         Ms. Padma Priya & Mr. Dhruv
                                         Nayar, Advocates for NHAI.
                                         Mr. Yeeshu Jain, Standing Counsel
                                         with Ms. Jyoti Tyagi, Advocate for
                                         LAC.
         CORAM:
         HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
         HON'BLE MR. JUSTICE JASMEET SINGH
                 ORDER

% 23.06.2021 CM APPL. Nos. 18961-18962/2021 (Exemption) Exemption is granted, subject to just exceptions; and subject to the applicant completing all requirements including filing certified/typed/translated copies of the annexures, attested affidavits and vakalatnama within 01 week of resumption of physical functioning of the court.

W.P.(C) 5997/2021 The petitioners impugn undated public notice issued by the Additional District Magistrate/LAC, District South-West, Kapashera, New Delhi whereby it has been communicated that physical possession of the land that is the subject matter of land acquisition Award No.08/2008-09/SW dated 14.11.2008 for construction of UER-II would be taken on 24.06.2021 i.e. tomorrow. The petitioners also impugn Award No.08/2008-09/SW and seek a declaration that the said award is null and void.

2. Learned counsel for the petitioners submits that the land that is subject matter of the present petition was sought to be acquired sometime in 2008 for purposes of construction of an Urban Extension Road (UER); however subsequently, the layout of the road was realigned whereby the khasra numbers that were subject matter of the acquisition originally were changed.

3. In this behalf, counsel has drawn attention of this court to a communication dated 31.12.2019 issued by the National Highway Authority of India (NHAI), which records as under:

"3. It is to mention that the old alignment as proposed by DDA was passing through (presently) densely habituated area of Shyam Vihar and Roshanpura, due to which project could not be taken up by DDA in this reach. Therefore, to avoid hindrances and settlement along the original alignment, two option were proposed by technical consultant appointed by NHAI during the high level meeting held on 13.09.2017. The option 1 was proposed to take an elevated stretch of 7.6 kms along Mungeshpur Drain and option 2 was proposed to take up 1.1 km at- grade road and 1.2 km elevated road through plant of W.P. (C) 5997/2021 Page 2 of 5 Delhi Jal Board (DJB). Thereafter, during the subsequent high level meeting held on 11.12.2017, the option 2 was agreed to as the majority of land required for proposed development of option 2 was Govt. land and hence the acquisition would be much lesser in comparison to option

1. The Option 2 was selected after detailed deliberation by stake holders."

(emphasis supplied)

4. It is accordingly submitted that there was realignment of the proposed road itself, by reason of which the land that is the subject matter of the present petition was no longer required for acquisition.

5. It is further pointed-out that the subsequent land acquisition Award No. 6/2020/SW dated 25.09.2020 also excludes from its purview the khasra numbers that are the subject matter of the present petition, meaning thereby that the land comprised in these khasra numbers is not liable to be acquired and possession thereof ought not to be taken. Counsel for the petitioners submits that the earlier Award No.08/2008-09/SW stands superseded by subsequent Award No. 6/2020/SW.

6. Issue notice.

7. Learned counsel as above appear on advance copy; accept notice; and seek time to file counter-affidavit.

8. Let counter-affidavit be filed within 04 weeks; rejoinder thereto, if any, be filed within 02 weeks thereafter.

9. List before Roster Bench on 22nd July 2021.

CM APPL. No. 18960/2021 (Interim orders)

10. In view of the foregoing, the record itself shows that there was realignment of the proposed road; by reason of which the land under acquisition would have changed. What we also observe is that the acquisition process which evidently began sometime in 2008, is now being sought to be completed by a peremptory but undated public notice, which simply says that the possession of the land would be taken on 24.06.2021. As of now, counsel appearing for the State respondents are not able to tell the court as to when this public notice was issued.

11. Issue notice.

12. Learned counsel as above appear on advance copy; accept notice; and seek time to file reply.

13. Let replies be filed within 04 weeks; rejoinder thereto, if any, be filed within 02 weeks thereafter.

14. On a conspectus of the foregoing circumstances, since the matter would require consideration by the Roster Bench, and in order not to render the present petition infructuous, we direct that taking-over of possession of the parcels of the land may go on, but only in relation to the parcels of the land falling within the khasra numbers that are mentioned in final award dated 25.09.2020; but status quo be maintained in respect of the khasra numbers which do not find mention in final award dated 25.09.2020, till the next date of hearing.

15. A copy of this order be supplied to counsel for the parties, by e-mail.

16. We make it clear that the present status quo order is being made by way of the abundant indulgence to the petitioners, so that the present W.P. (C) 5997/2021 Page 4 of 5 petition does not become infructuous; and that this court has not expressed any view as regards the interplay between earlier Award No. 08/2008-09/SW and later Award No. 6/2020/SW.

17. Ms. Padma Priya, learned counsel appearing on behalf of the respondent No. 3 submits that though the Land Acquisition Collector (LAC) is a necessary party to the present petition, the Land Acquisition Collector has not been impleaded. On oral prayer, and with the consent of learned counsel for the petitioners, the Land Acquisition Collector is impleaded as party-respondent No. 4. Let Amended Memo of Parties be filed before the next date of hearing.

18. List before Roster Bench on 22nd July 2021.

ANUP JAIRAM BHAMBHANI (VACATION JUDGE) JASMEET SINGH (VACATION JUDGE) JUNE 23, 2021/uj W.P. (C) 5997/2021 Page 5 of 5