S L SAINI Vs. GYANENDER BHARTI & ORS

JUDGEMENT

(1.) This is a contempt petition filed by the petitioner on account of the alleged wilful disobedience of the order of the court dated 17.05.2012. Vide the said order, the DJB was directed to take necessary steps to forward their request to Govt. of NCT of Delhi for acquiring the subject parcel of land within a period of two weeks from today whereafter the Govt. of NCT of Delhi shall process the application received from the DJB in accordance with law as expeditiously as possible.

(2.) The aforesaid directions of the court would show that the DJB had to make a request for acquisition of land to the Government of NCT of Delhi. The land of which acquisition was requested was measuring 2 bighas 12 biswas and it was situated in Khasra Nos.590/55/1 (2-8) and 592/55/2 (0-4) in Village Jasola. The allegation of the petitioner is that is that the respondents have not taken any action pursuant to the aforesaid direction for the purpose of acquisition of land.

(3.) The R-3, Land Acquisition Collector (South-East), has filed its reply. As a matter of fact, it is pointed out that the request of the DJB for acquisition of the land in question was received on 16.05.2012 i.e. a day prior to the date of passing of the order dated 17.05.2012. The said request was processed and a decision was taken to have the demarcation done in respect of the land in question so that steps could be taken for the purpose of acquisition of the land. A joint survey of the land under reference was fixed on 27.08.2013, 20.09.2013, 09.10.2013, 27.12.2013 and 22.01.2014. However, the land could not be acquired as either the petitioner or the officers of the respondents other than the Land Acquisition Collector were not present at the time of demarcation and, therefore, the land could not be identified. The proceedings had to be deferred for one reason or the other. In the meantime, it is stated that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the new Act' for short) came into operation on 01.01.2014 and the Land Acquisition Collector did not receive the order conferring the power to acquire the land in question under the new Act. The Land Acquisition Act, 1894 ('the old Act' for short) in the meantime got lapsed and consequently the proceedings for acquisition of the land in question could not be concluded.