MAHENDER KUMAR Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The petitioner are the owners of agricultural land in Khasra No. 1715/1613/558 entirely measuring about 10 bighas 14 biswas in the revenue estate of Village Bahapur, New Delhi to the extent of their respective shares. On 10.5.02 the Government had issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act) for acquiring the land including the said land of the petitioners afore-mentioned. In furtherance to this notification declaration under Section 6 of the Act was issued on 8.5.03. Upon following the prescribed procedure, the Land Acquisition Collector made his award under Section 11 of the Act on 1.5.05 determining the market value payable to the claimants of the acquired land. Petitioner no.3 had died and in the revenue records the names of his legal representatives have been mutated, however, the respondent with malafide intentions mentioned the name of the petitioner no.3 in the revenue records. As the compensation payable to the claimants have been determined, the petitioners made two separate applications one for receiving compensation of the adjudicated amount and the other for enhancement of compensation under Section 18 of the Act. These were submitted by the petitioners on 14.6.05. According to the petitioners, the awarded compensation comes to Rs. 58,5,049.53/-. The respondent issued notices under Section 12(2) and 32(1) of the Act to the petitioners treating them as persons interested in the award. After filing of the applications, the petitioners have been approaching the respondents for payment of their dues. Though the respondents had been assuring the petitioners that they would pay the awarded compensation to the claimants verbally but had not disbursed the payment. According to the petitioners, the respondents had taken the possession of the property long back and they have placed photographs on record to show that the land in question is in occupation of the respondents.

(2.) The petitioners then on 1.8.05 issued a reminder to the respondents claiming the amount of compensation payable to them. A copy of the reminder has been annexed to the petition as Annexure P-6. It in turn refers to the application filed by them on 14.6.05 which was submitted to the respondents vide diary no. 2220. As the petitioners have not been paid the awarded compensation by the Collector till date they have filed the present writ petition and, in fact, taken the ground that the action of the respondents is contrary to Article 14,19 and 21 of the Constitution of India as well as the provisions of the Land Acquisition Act. It is also their case that the entire acquisition is malafide and is in violation of Article 300(A) of the Constitution of India.

(3.) On the basis of the above stated pleadings, the petitioners claimed that the respondents be directed to pay the entire compensation in terms of the award dated 1.5.05 alongwith interest @ 18% from the date of award till date of payment without prejudice to their rights and contentions raised in the petition under Section 18 of the Act. Notice was issued to the respondents and after number of dates a short counter affidavit showing the compliance to the order of the Court dated 20.1.06 was filed on behalf of the respondents. In Paragraphs 4 to 7 of this affidavit, it has been stated that payment of various amounts due to the respective petitioners on account of compensation, solatium, additional compensation under Section 23(1-A) and the interest as computed under Section 34 of the Act has been paid to the petitioners except that an amount of Rs. 81,588.77/- is due and payable to petitioner nos 1, 2 and 3 and the said amount has not been paid till the date of filing of the affidavit as the same has not been sent by the DDA who is stated to be the beneficiary authority under the acquisition. This affidavit of the respondents is completely silent as to when the payment was made and when the possession of the land was taken by the respondents. An affidavit has also been filed on behalf of the Government of NCT of Delhi wherein it is stated that the possession of the acquired land was taken and handed over to the beneficiary authority simultaneously on 29.7.05 after the award was made by the Collector. Land Acquisition Collector only take possession at behest of the beneficiary authority. It is also stated that if the payment is not made within one year of taking possession, the interest payable under Section 34 will be 9% and for delayed payment beyond the period of one year interest will be payable @ 34% per annum. The Land Acquisition Collector had written letters to DDA on 4.7.05 for payment of compensation and reminders thereto were sent on 6.9.05, 21.10.05 and 30.11.05. The compensation has been released by the DDA to the Department of Land and Building and it was stated that it is expected by the Land Acquisition Collector that the compensation would be released by the Land Acquisition Collector within a week. It is evident from the above affidavit and counter affidavits filed by the parties that the award in relation to the acquired land was made on 1.5.05 which gave right to the petitioners to claim compensation for their acquired land. The respondents themselves had issued notices under Section 12(2) of the Act calling upon the claimants to receive the compensation payable to them as determined in the award. These notices had required the claimants to be present on 6.7.05. The notice stated as under :