GOVERNMENT OF NCT OF DELHI Vs. DAYANAND

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi at New Delhi in Writ Petition (C) No. 1754 of 2015, by which, the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "Act, 2013 "), the Government of NCT of Delhi & Anr. have preferred the present appeal.

(2.) From the impugned judgment and order passed by the High Court and from the counter affidavit filed by the Land Acquisition Collector (LAC) before the High Court which is reproduced in paragraph 3 of the impugned judgment by the High Court, it was the specific case on behalf of the LAC that out of total land comprised in Khasra No. 115 (1-0) possession of 19 biswa was taken but possession of remaining 01 biswa could not be taken due to built up. It was also the case on behalf of the LAC that after the award was declared the original writ petitioner was issued a notice under Sec. 12(2) of the Land Acquisition Act, 1894 (LA Act) for collecting the compensation amount vide registered post No. 4065 dtd. 27/2/2009 and when he did not come to collect the compensation, it was sent to Revenue Deposit. Thus, as per the LAC the possession of the major portion of the land acquired was taken by drawing possession proceedings dtd. 13/4/2009, despite the above and relying upon the earlier decision of this Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., (2014) 3 SCC 183, the High Court has allowed the writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Sec. 24(2) of the Act, 2013 by observing that "even though respondent No.2/LAC claims that possession was taken in respect of the major portion of the land i.e., 19 biswa, there is no categorical statement that payment of compensation was made in accordance with law declared to be applicable i.e., in the case of Pune Municipal Corporation (supra). "

(3.) Even otherwise, it is required to be noted that in the present case the possession was taken in respect of the major portion of the land i.e., 19 biswa out of 20 biswa and the possession of one (01) biswa could not be taken due to built-up. Even the notice under Sec. 12(2) was issued upon the original writ petitioner vide registered post No. 4065 dtd. 27/2/2009, however, when the original writ petition did come to collect the compensation, it was sent to the revenue deposit. Once the notice under Sec. 12(2) of the LA Act was issued and served upon the original writ petitioner and he was called upon to collect the compensation and thereafter, when he did not come to collect the compensation and then the compensation was sent to the revenue deposit, thereafter it would not be open for the original writ petitioner to contend that as the compensation has not been paid the acquisition proceedings are deemed to have lapsed. The original writ petitioner cannot be permitted to take the benefit of his own conduct/wrong.