JEET RAM Vs. UOI

JUDGEMENT

(1.) IN this petition for a writ of certiorari, the petitioners assail the validity of an award made by the Collector, Land Acquisition in respect of land measuring 2 bighas in Khasra No. 342 of Vilage Pitampura, Delhi and a mandamus directing the respondents to de-notify the said land from acquisition proceedings initiated by the respondents.

(2.) AFTER arguing the matter at considerable length, learned counsel for the petitioners submitted that the petitioners do not assail the validity of the preliminary notification or the declaration under Section 6 of the Act pursuant to which the Collector has eventually made the impugned award. He urged that the petitioners would not press their challenge even to the award provided they are given the liberty to approach the Government for de-notification of the land under Section 48 of the Land Acquisition Act. He urged that the petitioners are ready to file a representation before the Government through Secretary, Land and building Department within four weeks from today in which event the Government could be directed to consider the said representation and pass an appropriate order in accordance with law expeditiously. He further prayed that this Court could direct the parties to maintain status quo in respect of the land in question till such time the representation was finally disposed of. He urged that the petitioners are in possession of the land in question and unless there is an interim protection granted to them against dispossession, they are likely to be dispossessed from the same rendering the present writ petition and the directions that the court may issue infructuous.

(3.) MR. Sarin, counsel appearing for the respondent-DDA, on the other hand, argued that the respondents have no difficulty in case the challenge to the acquisition proceedings is given up by the petitioners and a representation seeking de-notification made, although according to the DDA, no such representation is maintainable since the possession of the land has already been taken over from the petitioners. He further stated that since the petitioners are claiming to be in possession of the land, the issue whether or not they are in possession could be left open to be examined by the Government who could then pass a proper order upon consideration of all relevant circumstances. Learned counsel appearing for the Land and Building Department also had no objection to the petitioners making a representation subject to all just exceptions and the matter being disposed of on that basis.