Case: M/S Magnum Promoters P.Ltd Vs. Union Of India

The appellant is the lawful owner of the land comprised in Khasra Nos. 750 Min (1-2 ½) and 751 Min (0-18) situated in the revenue estate of Village Malikpur, Kohi alias Rangpuri, Tehsil Mehrauli in the National Capital Territory of Delhi (for short ‘NCT,The Municipal Corporation of Delhi (MCD) vide its sanction bearing No. S.N.406/B/HQ/17/148/AE (B) HQ III dated 12.07.1990 gave sanction for constructing the farmhouse from common land. On 17.12.1993, the Completion Certificate with regard to the farm house on the land in question was issued to the appellant by the MCD. On 27.06.1996, the Government of National Capital Territory issued Notification No.F.9 (12)/95 /L&B/LA/8474 dated 01.06.1995 under Section 4 of Land Acquisition Act, 1894 (in shortfor the acquisition of the different parcels of land including an area measuring 369 bighas and 1 biswa situated in the revenue estate of village Malikpur Kohi alias Rangpuri in the NCT, Delhi. The above said notification issued for acquisition of the land covered the land and building owned by the appellant bearing Khasra No. 750 for 3 bighas and Khasra No.751 for 3.12 bighas. The public purpose mentioned in the said acquisition notification was for development of Vasant Kunj Phase IV.3. On 24th June, 1997, a declaration under Section 6(1) of the repealed L.A. Act was issued by the NCT, Delhi in respect of the land sought to be acquired including the land owned by the appellant. On 9th June, 1999, notices under Sections 9 and 10 of the repealed L.A. Act with regard to the land in question were issued by the Land Acquisition Collector to the appellant. On 15th June, 1999, the appellant filed a writ petition (c) No. 3695 of 1999 before the High Court of Delhi, questioning the legality of the aforesaid acquisition notifications published under Sections 4 and 6 of the repealed L.A. Act urging various grounds. Other similarly placed land holders also challenged the said two notifications before the High Court. The writ petitions were heard together by the High Court and passed its judgment and order dated 16.05.2008 by dismissing the writ petitions holding that the acquisition of land by the NCT, Delhi is legal and valid and did not suffer from any legal infirmities. Hence, this appeal.4. It is the case of the appellant that throughout the proceedings before the High Court as well as this Court, the appellant has been in continuous physical possession of the land involved in this appeal as it has been protected by various orders ofby the High Court as well as this Court with respect to the possession of the land in question.

Reasoning:
Thus, it is clear from the said document available on record that the possession of the building structure situated on theland was not taken by him on 27.12.2013. As per the possession memo available in the record, it is recorded in the said proceeding that the further action for taking over possession in respect of the land were to be continued by the Land Acquisition Collector on 28.12.2013 and there is no record to show as to whether the action continued on 28.12.2013 in this regard. The alleged taking over of possession of the land involved in this appeal was done on 31.12.2013, as per the document annexure R-1 memo of possession taking possession of the acquired land in Award no.07/98-99 is signed by the officers of the Land and Building Department of the third respondent; the same was alleged to have immediately been delivered to the DDA officials i.e. respondent no.5 on the same day. According to respondent Nos. 3 and 4, the possession of the land involved in this appeal has been allegedly taken by them without any objections being raised by the appellant-owner. The above said plea taken by them cannot be accepted by us as the same is wholly contrary to the factual position regarding possession of the land. The question of raising objection to respondent Nos. 3 and 4 for taking possession of the land by the appellant did not arise at all for the reason that notice in this regard was not issued to it calling upon it to handover possession of the land to the Land Acquisition Collector. The reasons stated at paragraphs 8 and 9 in the response affidavit filed by one Mr. Vivek Kumar Tripathi, who is the Land Acquisition Collector-respondent No. 4 in these proceedings with regard to limits of the then existing sub-divisions Tehsils in Delhi being modified, consequently the revenue estate of the boundaries of village Malikpur Kohi Rangpuri which previously formed part of District South, due to the said re-organisation, sub division, Delhi Cantonment and sub-division, Vasant Vihar which were earlier part of District of South West have become part of District New Delhi. Resultantly, village Rangapuri which was part of sub-division Vasant Vihar under the jurisdiction of Land Acquisition Collector, South-West fell under the jurisdiction of District New Delhi. The notification dated 11.09.2012 was issued by the first respondent creating 11 districts by altering sub-divisions Tehsils in Delhi. Land Acquisition of the land involved in these proceedings was transferred from District South-West to the office of respondent no.4 on 21.12.2012 and remaining records on 14.01.2014. The above said make believe story narrated by the Land Acquisition Collector in his affidavit is a deliberate intention to misrepresent facts to justify the alleged taking over possession of the land on 31.12.2013. The aforesaid explanation furnished by the Land Acquisition Collector in his affidavit for the alleged taking over possession of acquired land is wholly unnecessary and irrelevant. Therefore, the said explanation by him cannot be accepted by us. The averments made at para 10 of the response affidavit of Land Acquisition Collector are contrary to theKaryavahi (possession taking over proceedings) dated 27.12.2013 and the reason stated in the said memo is that the Land Acquisition Collector could not take possession of the building structure situated on the acquiredland, as the demolition squad was not available on that day. The possession of the land taking over document Annexure R-1 to the response affidavit dated 31.12.2013 produced by the Land Acquisition Collector in which it is stated that the possession of the land of the appellant has been taken on 31.12.2013 the said averment in the affidavit is contradictory to thent dated 27.12.2013 available in the original record. The contradictory statements made by the Land Acquisition Collector in his response affidavit at para 10 cannot be accepted by us. The plea sworn by the Land Acquisition Collector in the affidavit is a false statement of fact for the reason that the physical possession of the land is in fact not taken and could not have been taken by the Land Acquisition Collector from the appellant when the interim order ofth regard to the possession of land of the appellant was passed by this Court on 04.08.2008. The said order being well within the knowledge of the respondent Nos. 2-5 is evident from the record of proceedings of this Court dated 24.09.2010 as the names of learned counsel on behalf of the respondent Nos. 1-5 is shown in thisrecord of proceedings. The further plea taken by him at para 10 of the said affidavit that the second respondent enquired about the litigation status in respect of the order passed in relation to this case and other cases of village Rangpuri from the 5th respondent-DDA and did not receive any response from it is once again a false statement of fact. Therefore, the office of the 3rd respondent being unaware of any interim order ofis once again a false statement and the same has been deliberately made by him to justify his action as stated in the respondent affidavit. Hence, the statement of facts sworn to at paras 8-10 are liable to be rejected and accordingly rejected. Therefore, the plea of the Additional District Collector/Land Acquisition Collector and its officers to have allegedly taken over possession of the land as stated at paragraph 10 of the response affidavit is false and it amounts to contempt of this Court committed by them, as they have willfully disobeyed the interim order of this Court dated 04.08.2008. Therefore, the plea of taking over possession of land of the appellant either on 27.12.2013 as per the original record or on 31.12.2013 as per document Annexure R1 cannot be accepted by us. The respondents have misrepresented certain relevant facts to this Court by filing the above referred response affidavit with an oblique motive to deny the valuable statutory right accrued in favour of the appellant under Section 24(2) of the Act of 2013. Hence, the conduct of respondent No. 4 and officials of respondent No.3 in misrepresenting facts is deprecated byfrom the said reason, even assuming for the sake of argument that the Act of 1972 is applicable, it has been specifically stated by the learned senior counsel that the competent authority has given permission to the appellants to transfer the land in favour of subsidiary company of the appellant. The same can be seen in para 5 of the sale deed produced before this Court which readsThe vendor have obtained NOC under provisions of the Delhi Land (Restriction on transfer) Act, 1972 from the concerned department/Tehsildar Notification Delhi and shall obtain all such necessary clearance/permission as may be required for effectively transferring and conferring the title on thethe provisions of Sections 3, 4, and 9 have no application to the fact situation on hand and there is no substance in this plea of the respondent and the same is rejected.