$~85&86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3292/2018 and CM APPL. 45887/2023 (Impleadment)
SMT. KIRAN GUPTA AND ORS. .....Petitioners
Through: Mr. N.S. Dalal, Ms. Rachna
Dalal, Mr. Alok Kumar & Ms.
Sweta Kadyan, Advs.
versus
GOVT. OF N.C.T. OF DELHI AND ORS. .....Respondents
Through: Mr. Biraja Mahapatra & Mr.
Nalin Hingorani, Advs. for
L&B.
Ms. Manika Tripathy, SC with
Mr. Vansh Kalra, Adv. for
DDA.
+ W.P.(C) 3532/2018 and CM APPL. 47637/2023 (Impleadment)
SHRI RAJESH KUMAR AND ORS. .....Petitioners
Through: Mr. N.S. Dalal, Ms. Rachna
Dalal, Mr. Alok Kumar & Ms.
Sweta Kadyan, Advs.
versus
GOVT. OF N.C.T. OF DELHI AND ORS. .....Respondents
Through: Mr. Biraja Mahapatra & Mr.
Nalin Hingorani, Advs. for
L&B.
Ms. Manika Tripathy, SC with
Mr. Vansh Kalra, Adv. for
DDA.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 29.11.2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/12/2024 at 10:24:44
1. From the record, we find that the present writ petitioners had
earlier approached this Court by way of W.P.(C) 2672/2014 and
W.P.(C) 2682/2014 respectively, seeking a declaration to the effect
that the subject acquisition would be deemed to have lapsed by virtue
of Section 24(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
1
Resettlement Act, 2013 .
2. Those writ petitions came to be disposed of on 27 February
2018 with the Court observing as follows:
10. At this stage, Mr. Dalai, learned counsel for the petitioners
“
submits that since these writ petitions are required to be amended
extensively, he wishes to withdraw the present writ petitions with
liberty to file a fresh petition raising all the pleas available to him.
He further submits that he would file fresh petitions within two
weeks and till such period interim order may be continued.
”
3. It is pursuant to the liberty accorded therein that the writ
petitioners have now approached this Court seeking the following
reliefs:
W.P.(C) 3292/2018
(i) Issue an appropriate writ, order or direction thereby quashing
“
the Award No.9/2008-09/DC (NW) concerning the land of Khasra
No.35/23/2 min. to the extent of 1 bigha 15 biswas and Khasra
No.35/23/1 min. to the extent of 5 biswas situated in the revenue
estate of Village Mamurpur, Delhi, which is sought to be acquired
by the aforesaid award;
(ii) Issue an appropriate writ, order or direction thereby declaring
the proceedings arising out of Award No.9/2008-09/DC (NW) qua
the land of Khasra No.35/23/2 min. to the extent of 1 bigha 15
biswas and khasra no.3 5/23/1 min. to the extent of 5 biswas situated
in the revenue estate of Village Mamurpur, Delhi, as nullity in the
eyes of law having been acquired in violation of law and without
following the process of law;
(iii) Issue an appropriate writ, order or direction thereby
prohibiting the respondents, their officials, employees, etc. from
1
Act
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/12/2024 at 10:24:44
interfering in any manner in the peaceful use and enjoyment of the
land of Khasra No.35/23/2 min. to the extent of 1 bigha 15 biswas
and khasra no.35/23/1 min. to the extent of 5 biswas situated in the
revenue estate of Village Mamurpur, Delhi, by the Petitioners;
(iv) Pass any such other or further orders as this Hon' ble Court
may deem fit and proper on the facts and in the circumstances of the
case, in favour of the Petitioners and against the Respondents.
”
W.P.(C) 3532/2018
(i) Issue an appropriate writ, order or direction thereby quashing the
“
Award No.9/2008-09/DC (NW) concerning the land of Khasra
No.35/24 min. measuring 2 Bighas situated in the revenue estate of
Village Mamurpur, Delhi, which is sought to be acquired by the
aforesaid award;
(ii) Issue an appropriate writ, order or direction thereby declaring the
proceedings arising out of Award No.9/2008-09/DC (NW) qua the
land of Khasra No.35/24 min. measuring 2 bighas situated in the
revenue estate of Village Mamurpur, Delhi, as nullity in the eyes of
law having been acquired in violation of law and without following
the process of law;
(iii) Issue an appropriate writ, order or direction thereby prohibiting
the respondents, their officials, employees, etc. from interfering in
any manner in the peaceful use and enjoyment of the land of Khasra
No.35/24 min. measuring 2 Bighas situated in the revenue estate of
Village Mamurpur, Delhi, by the Petitioners;
(iv) Pass any such other or further orders as this Hon'ble Court may
deem fit and proper on the facts and in the circumstances of the case,
in favour of the Petitioners and against the Respondents.
”
4. The challenge now raised is to the award which was rendered
concerning the respective lands of the petitioners, with it being
asserted that since no notices as contemplated under Section 12(2) of
the Act had been served, the award is liable to be quashed.
5. It would be apposite to note that this issue is no longer res
integra and would appear to be settled by a Full Bench of this Court in
2
Roshanara Begum vs. Union of India where the Court had held as
follows:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/12/2024 at 10:24:44
In a recent judgment in the case of Sharadchandra Ganesh
“125.
Muley v. State of Maharashtra & Others, JT 1995 (7) SC 317, The
Supreme Court has laid down that signing of the award on a
particular date is conclusive evidence of making of the award. So,
service of notice under Section 12 is not mandatory and even if no
notice is served under Section 12 the award would remain valid and
only limitation for seeking reference for enhancement of the
compensation would commence when the aggrieved person comes
to know about the making of the award
.”
6. Apart from the aspect of lack of notice, no other submission
was addressed before us. Consequently, and in light of what the Full
Bench came to hold in Roshanara Begum, we find no merit in the
challenge which stands raised.
7. These writ petitions shall accordingly stand dismissed.
YASHWANT VARMA, J.
DHARMESH SHARMA, J.
NOVEMBER 29, 2024
Ch
2
1995 SCC OnLine Del 849
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 03/12/2024 at 10:24:44