DHARAMVIR UDAR Vs. LAND ACQUISITION COLLECTOR (SW)

JUDGEMENT

(1.) A Writ petition under Article 226 of the Constitution of India has been preferred by the petitioners for quashing of order dtd. 9/2/2017 passed by the Land Acquisition Collector, South West/Respondent No.1 whereby the Reference Petition filed by the petitioners under Sec. 18 of the Land Acquisition Act, 1894 was rejected as time barred. Consequently, it is further prayed for issuing appropriate writ(s)/order(s)/direction(s) in the nature of mandamus, directing the Land Acquisition Collector, South West to refer the Reference Petition filed by the petitioners on 8/9/2015 under Sec. 18 of the Land Acquisition Act, 1894 to the concerned Civil Court for adjudication, in accordance with law.

(2.) In brief, as per the case of the petitioners, they are the recorded coowners of large chunk of land comprising Khasra No.59/1 (4-08), 2/1 min. (2-16), 9 min (4-12), 10 (4-16), 11 (4-04), 12 (3-00) and 59/9 min. (0-04) total admeasuring 24 bighas situated in the revenue estate of Village Dhool Siras, New Delhi wherein the petitioners are having 1/3rd share each respectively being the LRs of Shri Gyani Ram. In the above-mentioned land, the petitioners claim to have developed a farm house with compound wall, kothi, two temples, shed, platform, tubewell and main gate in the land of Khasra No.59/9 min. (0-04) and 10.

(3.) It is further the case of the petitioners that on 13/12/2000, the Govt. of NCT of Delhi issued notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "Act") in respect of total land measuring 3133 bighas 17 biswas situated in revenue estate of Dhool Siras which included the land of the petitioners. Further, on 7/12/2001, the declaration under Sec. 6 of the said Act was issued followed with notification under Sec. 17(1) on 15/3/2002. The possession of a portion of land admeasuring 23 bighas and 16 biswas was taken on 20/8/2002 after invoking the provisions of Sec. 17(1) of the Act. However, the possession of Khasra No.59/9 min. (0-04) was not taken by respondent No.1 due to existence of structure/construction in the nature of build up house etc. Thereafter, an award No.27/2002-03 was passed by respondent No.1/Land Acquisition Collector on 24/10/2002. The compensation in respect of the tubewell and other structure over the acquired land was not assessed/determined by the LAC since the valuation report was yet to be submitted by the PWD. Accordingly, it was observed in the aforesaid award that the compensation for the same would be assessed/determined later on.