INDERJEET Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge laid by the petitioner in these proceedings is to the acquisition of the land under the Land Acquisition Act, 1894 ('the said Act' for short) vide a notification under Sections 4, 17(1) and 17(4) of the said Act in respect of the land measuring 8 bighas and 2 biswas in Khasra No.520, Village: Kilokari, Tehsil: Mehrauli, Delhi. The purpose for which this land was sought to be acquired was for construction of Delhi Noida Bridge Project.

(2.) There have been subsequent developments which have material bearing on the present controversy. On 06.12.1999, an agreement was entered into between the petitioner and M/s Noida Toll Bridge Company Ltd ('NTBCL' for short) in terms whereof as against 8 bighas and 2 biswas of land acquired out of khasra no.520, NTBCL confined its requirement to only 122 square yards. This was despite the fact that in the meantime as per a possession report, the LAC had already taken over possession of eight bighas and two biswas of land forming part of khasra no.520. (learned counsel for the petitioner seeks to dispute this possession contrary to even the agreement dated 06.12.1999 in view of other documents on records). The agreement does not end at this as it refers to other khasra numbers for which no acquisition proceedings under the said Act has taken place. These khasra numbers with portions of land given within brackets are : 574/3 (300 square yards), 604 (1150 square yards) and 605 (1000 square yards). Thus, a mutual agreement in respect of transaction for these khasra numbers appears to have been contracted between the parties.

(3.) The remuneration paid for this complete transaction is in the form that while on the one hand NTBCL confined its requirement to 122 square yards out of khasra no.520 and further sought the aforesaid three khasra numbers, the compensation deposited with the LAC was to be fully released to the petitioner and over and above that a sum of Rs.22 lakhs was paid to the petitioner. Thus, on the one hand, NTBCL under the agreement gained rights to 122 square yards out of khasra no.520, 320 square yards out of khasra no.574/3, 1150 square yards out of khasra no.604 and 1000 square yards out of khasra no.605, the petitioner was to be paid the compensation deposited by NTBCL for the complete land in khasra no.520, Rs.22 lakhs under the agreement and the remaining land other than 122 square yards out of khasra no.520 would vest with the petitioner as it was not required by the NTBCL.