SHIV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The question involved in the matter is whether a purchaser of the property after issuance of notification under section 4 of the Land Acquisition Act, 1894 (for short, 'the 1894 Act'), can invoke the provisions contained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the Act of 2013").

(2.) Notification No.F.10(29)/96/L&B/LA/11394, dated 27/10/1999, was issued for the acquisition of the land situated in the revenue estate of Village Pansali, Delhi, for the public purpose of the Rohini Residential Scheme under planned development of Delhi. It was followed by the declaration under section 6 issued on 3/4/2000. Possession was taken on 12/5/2000. Subsequently, the petitioners purchased the land on 5.7.2001 by way of Registered Sale Deed executed by one Satya Narain, the Power of Attorney holder of original owners. The purchasers then participated in the proceedings for the determination of compensation under sections 9 and 10 of the 1894 Act. The award was passed on 3.4.2002. In the meanwhile, an unauthorized colony came up with the name of Deep Vihar, Pansali, Pooth Kalan, Delhi. The petitioners claimed that they continued in the actual physical possession of the land even after passing of the award on 17.09.2008 and the same formed part of the unauthorized colony. The Government of NCT of Delhi provisionally regularised the colony. The Act of 2013 came in force from 1.1.2014. The respondents never took the actual physical possession of the land; as such, the acquisition has lapsed. The purchasers/ petitioners filed a writ petition at the High Court of Delhi. A Division Bench of the High Court has dismissed the writ application.

(3.) Learned counsel appearing on behalf of the purchasers submitted that the High Court has erred in rejecting the writ application on the ground that the purchasers after issuance of notification under section 4 of the 1894 Act cannot question the land acquisition. The decision runs contrary to the dictum laid down by this Court in Government (NCT of Delhi) v. Manav Dharam Trust and Anr. (2017) 6 SCC 751. Learned counsel further submitted that the High Court has also erred in dismissing the writ application on the ground that petitioners have admitted that the property is part of the unauthorized colony of Deep Vihar.