ASHA RANI SHARMA Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioners pray for issuance of direction to the respondent to pay compensation for the lands belonging to them, which have been acquired vide notification issued by the Government under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 7th December, 2000. In furtherance to this notification, declaration under Section 6 was issued on 30th April, 2001, which matured into award No.1/2003-2004 dated 29th April, 2003. It is further prayed that the petition filed by the petitioners under Section 30 and 31 of the Act be referred to the Court of Additional District Judge, Delhi in accordance with law.

(2.) In view of the stand taken by the respondent, it is not necessary for us to go into detailed facts or controversies arising in the present case. Sufficies it to note that the petitioners claim to be owners of plot measuring about 150 sq. yds. Comprising in Khasra No.116/19 Mahavir Enclave, New Delhi. This property was given a specific number being House No.C-412. The petitioners constructed a house on the said piece of land. Petitioner No.2 had purchased the other adjacent area of 150 sq. yards, which was numbered as C-412A and they constructed a house thereupon. As already noticed, a notification under Section 4 was issued and the property was acquired for the purpose of widening the road.

(3.) A survey was conducted after issuance of the notification and officials of the survey team visited the site and prepared the list of owners, whose property was to be acquired for this purpose. After acquisition, award was pronounced but compensation was not paid to the petitioners. After great persuasion, petitioner Nos. 1 and 2 were paid only for superstructure a sum of Rs.28,700.00 in favour of petitioner No.1 No.1 and Rs.1,14,900.00 in favour of petitioner No.2. Thereafter, the petitioners came to know that their claims were treated as disputed claim and they filed applications somewhere on 22nd March, 2005 under Section 30 and 31 of the Land Acquisition Act. The other persons of the locality had received summons from the Court of Additional District Judge but the petitioners did not receive any such summons and they came to know that their petition under Sections 30 and 31 was not forwarded.