SUKHBIR SINGH TYAGI Vs. LT GOVERNOR

JUDGEMENT

(1.) The Government had issued a notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) bearing No.F- 11(21)/02/LandB/LA/17595 dated 27.1.2003 for acquiring nearly 1440 bighas and 04 biswas of land in Village Holambi Kalan, Delhi. In furtherance to this notification, declaration under Section 6 was issued on 23rd January, 2004 The Land Acquisition Collector-cum-Deputy Commissioner (North-West) had issued notices under Sections 9 and 10 of the Act to the claimants in relation to their land, which have been acquired under the said notifications. The Collector vide award No.15/2005-06/DC(N-W) dated 22nd August, 2005 had divided the land into two categories being Block A and Block B. The Collector awarded a sum of Rs.15,70,000/- per acre for the land falling in ?A? block as on 22nd August, 2001 and a sum of Rs.14,00,000/- per acre for the land falling in ?B? Block, which had Gadhas upto 3-5 feet. Other benefits under law were also granted to the claimants.

(2.) The above acquisition was made under the emergent provisions of the Act. The petitioners, who are 33 in number claim to be Bhumidars/owners of part of the acquired land. The possession of the land of the claimants had been taken over by the respondents without making payment of any compensation. No litigation was pending in the Court of competent jurisdiction as far as petitioners are concerned and the amounts as determined even by the Collector have not been paid to the claimants though possession of the land has been taken for a considerable time now. On 14th September, 2005, the applicants had also moved applications to the Land Acquisition Collector for payment of the awarded amount along with other benefits available to them under law. Despite such applications, payments have not been made to the petitioners, compelling them to file the present writ petition. The scheme of the Land Acquisition Act makes it obligatory upon the respondent to pay the amount of compensation to the petitioners in terms of provisions of the Act. Even if, the award had not been made, the claimants/land owners are entitled to receive 80% of the estimated compensation before possession of their land was taken by the respondent. In this case admittedly the possession has been taken as back as on

(3.) It is settled principle of law that acquisition under the provisions of this Act is based on the principle of Eminent Domain of the State and is a compulsive acquisition against the owners of the land. Least that is expected from the State is that no person, whose land is acquired, would be forced to run from pillar to post and even invoked the extraordinary jurisdiction of the High Court for payment of the amount lawfully due to him as per the valuation fixed by the Collector himself. The powers vested in the respondent under the provisions of the Act necessarily commands the same authority to act in accordance with law and expeditiously. After having taken possession of the land of the owners, the respondents are not expected to withhold the amount of compensation payable to the claimants particularly when the acquired land was also a source of income/livelihood of the claimants. It is for the respondents to set their house in order and and ensure that payments are made without any delay to the claimants.