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1996 DIGILAW 368 (DEL)

MAHENDER PAL SINGH v. GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI

1996-04-25

J.B.GOEL, MAHINDER NARAIN

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Rule D. B. ( 1 ) DESPITE various orders passed by us from time to time, including orders dated 15. 11. 1995, 29. 1. 1996, 15. 2. 1996 and 19. 3. 1996, no notification or award has been produced before us which would indicate that the land in Khasra No. 642/148 measuring 2 bighas and 6 biswas situate in village Sultanpur Majra, has been acquired under the provisions of Land Acquisition Act. Neither Section 4 Notification, nor Section 6 Notification is produced. ( 2 ) ARTICLE 300-A of the Constitution of India mandates that "no person shall be deprived of his property save by authority of law. " The authority to deprive a person of his property stems from the Land Acquisition Act under which notifications under Sections 4 and 6 are required to be issued for acquisition of property. ( 3 ) AS stated above, no such notification has been produced. Apparently, the petitioner has been deprived of his land without authority of law. ( 4 ) IN the counter affidavit which has been filed by the respondent No. 2, Shri P. C. Chaturvedi, who was then working as Land Acquisition Collector (PN), he has categorically stated in Para 3 that "the land in question has neither been acquired nor the physical possession taken over by the LAC (PN ). " ( 5 ) AGAIN in Para 5 of the counter affidavit, he has stated "in reply to the contents of Para 5, it is submitted that Khasra No. 642/148 measuring 2 bighas 6 biswas has neither been notified nor acquired by the Land Acquisition Collector under the provisions of Land Acquisition Act 1894. " ( 6 ) CONTRARY to these assertions made by the Land Acquisition Collector, the Delhi Development Authority, respondent No. 3, through V. K. Singh, Director (Land Management), DDA, Vikas Sadan, New Delhi, has stated in Para 2 of the preliminary objections that "the land of the petitioner was acquired by virtue of Award No. 26/76-77, Award No. 29/82-83, and Award No. 15/79-80. " These pleadings of the D. D. A. are contrary to the pleadings of the Land Acquisition Collector. The authority which is to acquire land being the Central Government, the Land Acquisition Collector acts on behalf of Central Government. " These pleadings of the D. D. A. are contrary to the pleadings of the Land Acquisition Collector. The authority which is to acquire land being the Central Government, the Land Acquisition Collector acts on behalf of Central Government. We rely on the affidavit of the Land Acquisition Collector rather than that of the Dellii Development Authority which appears to be contrary to the facts. ( 7 ) IT is stated in Para 3 of the petition that during emergency, the entire land of village Sultanpur Majra, including the land belonging to the petitioners, and the land in the adjoining villages was forcibly occupied by the Government without its acquisition under Land Acquisition Act. However, it is apparent from the affidavit filed by the Delhi Development Authority that Delhi Development Authority is occupying the Khasra No. 642/148 as it is asserted that the land was acquired under the Award. As noted above, the D. D. A. has neither produced any notification for acquisition of the aforesaid Khasra No. nor have they produced any award indicating that compensation has been offered for the acquisition of the aforesaid Khasra No. ( 8 ) IN view of what is stated above, the writ petition succeeds. The petitioners are entitled to direction in the nature of mandamus, directing the respondents to give back possession of the aforesaid Khasra No. 642/148 measuring 2 bighas 6 biswas situate in village Sultanpur Majra, forthwith. Ordered accordingly. ( 9 ) THE petitioners shall also have their costs. The costs are quantified at Rs. 1,500. 00 to be paid by both respondents No. 1 and 3.