AJIT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioners have approached this court seeking a direction to respondent No. 1 to award compensation to them on account of restrictions imposed on them for use of their land located in the vicinity of Indian Air Force Station and Installations in Gurgaon.

(2.) Learned counsel for the petitioners submitted that the petitioners are owners of land, situated on old Delhi-Gurgaon Road, Palam Vihar Extn. Gurgaon. The Government of India issued notification on 14.2.2007, in exercise of powers conferred under Sections 3 and 7 of the Works of Defence Act, 1903 (for short, 'the Act') declaring that the land be kept free from buildings and other obstructions. The restrictions imposed were specified in the notification. Final declaration was issued on 13.1.2010. Despite the aforesaid restrictions having been imposed, the petitioners have not been paid any compensation under the provisions of the Act. In support of the arguments, reliance was placed upon a Division Bench judgment of this court in M/s Travels Star Hotels (India) Limited v. Union of India and others, 2009 4 RCR(Civ) 487.

(3.) On the other hand, learned counsel for Union of India submitted that the land of the petitioners has not been acquired. Ownership still remains with the petitioners, hence, they are not entitled to any compensation.