MAHENDRA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Common questions of law arise for decision, in these writ petitions. They were heard separately because of the facts, but are disposed of through the present single judgment.

(2.) All writ petitioners were either original landowners or are their heirs. They claim identical relief in these proceedings, i.e. for directions to the respondents to determine and pay the compensation to the petitioners in terms of provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "the Act"). The lands involved in all the cases are located at Village Aali, Tehsil Mehrauli District Delhi. The petitioners in W.P. 1103/2016, claim ownership of 45/1 (2-8), 146 (4-16) total measuring of land area 7 Bighas. The petitioners in WP 1104/2016 claim ownership of Khasra Nos. 45/1 (0-5), 46/1(1-5), 47(1-3), 48 (3-13), 49(1-5), 50 (4-00), 51 (0-17), 52 (3-19), i.e. total measuring of land area 16 Bighas 7 biswa. The petitioners in WP 1114/2016 claim ownership of Khasra Nos. 43(6-4), 44 (4-00) 140(7-8), 147(7-10), 148(7-17), 150 (3-1), 152/2 (2-8), 153/2(2-8), 154(3-00) 157(4-16) total measuring of land area 48 Bighas 12 biswa. The petitioners in WP 1112/2016 claim ownership of Khasra Nos. 152/1(2-8), 153/1(2-8), 158/1(4-2), 159/2(0-18), 164/1 (3-00) total measuring of land area 12 Bighas 16 biswa of lands. In WP 7126/2016, the petitioners claim ownership of Khasra Nos. 37/1(1-16), 38/1 (00-18), 142/2(2-12), 39(3-17), 40/2 (2-16) and 143(4-16), total measuring of land area 16 Bighas 15 biswa. These lands shall hereafter be referred to as "suit lands". These lands were notified under Section 4 of the Land Acquisition Act, 1894 ("the old Act" hereafter) on 16.04.1964. The declaration under Section 6 of the old Act was made on 22.12.1966. Apparently, due to long drawn out proceedings pending in courts that concerned challenges to the acquisition, awards were made under the old Act; the one dealing with suit lands (Award No. 3) was made on 05.12.1997. A corrigendum to the award, was issued on 10.12.1997.

(3.) According to the pleadings of the parties, there is no dispute that possession of the suit lands (as well as large tracts of other lands, that were acquired) were taken over inter alia, on 26.05.1998. The petitioners, as well as other land owners were paid the compensation based on market value assessment of the acquired lands.