SONU Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The prayer in this writ petition is for quashing of the notification issued on 7th April 2006 under Section 4 of the Land Acquisition Act, 1894 ("LAA") and the consequential Award No.12/2008-09/SW dated 11th February 2009.

(2.) The Petitioner claims to be the owner, and in possession of land (ancestral land) bearing Khasra no. and area 0/138 (4-14-0), 0/137(0-14-0), 0/131/1 (3- 19-0), 0/130/1 (1-15-0), 0/128 (4-9-0), 0/127/1 (3-17-0), 0/124/1 (0-8-0), 0/103/1 (2-7-0) [hereafter "subject land"] located in the revenue estate of village Masudabad, New Delhi.

(3.) Preceding the Award dated 11th February 2009 under which the subject land stood acquired, there was a declaration issued on 4th April 2007 under Section 6 of the LAA. According to the Petitioner, after passing of the Award, the Land Acquisition Collector ("LAC") neither took possession of the land nor paid the compensation amount or even deposited it with the Reference Court i.e. the Court of the learned Additional District Judge (ADJ). It is stated that in the 8 years since the notification of the land under Section 4 of the LAA, the Respondents have failed to utilise it for the public purpose for which it was notified for acquisition viz., construction of the 100 metres road. Accordingly, the Petitioner seeks the aforementioned relief of quashing of the land acquisition proceedings and a further direction to the Respondents to pay him interest at 22% along with the final compensation amount.