SHRI DHANRAJ SINGH JAIN AND ANR. vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31st January, 2025 + WP(C) 11854/2018 CM APPL. 45889/2023 SH. DHANRAJ SINGH JAIN & ANR .....Petitioners Through: Mr Rana Ranjit Singh, Mr Vivek K Singh, Mr Ravish Singh, Ms Akanksha Singh, Mr Abhilash Tripathy and Ms Sweta Singh, Advocates versus UNION OF INDIA & ORS. .....Respondents Through: Mr Sanjay Kumar Pathak, SC, Mr Sunil Kumar Jha, Mr M S Akhtar, and Mr Mayank Madhu, Advocates for LAC/R1&R3 CORAM: HON'BLE MR. JUSTICE VIBHU BHAKRU HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J 1. Present petition has been filed under Article 226/227 of the Constitution of India, 1950 praying that directions be issued to the respondents to put the petitioners back in possession of the excess land admeasuring 2 bighas 1 biswa, which was taken in possession by the respondents on 06.03.2003 without due process of law. Alternatively, the petitioners prays that the respondents be directed to compensate the petitioners for their land admeasuring 2 bighas 1 biswa taken by the respondents as per the existing market rate/ circle rate/ value of the land Signature Not Verified WP(C) 11854/2018 Page 1 of 10 Digitally Signed By:GANGA SINGH RAWAT Signing Date:10.02.2025 15:42:14 prevailing as on date. 2. The petitioners’ case is that the petitioners are the bhumidhars of land against Khata No. 13/13 Khatuani No. 18 bearing Khasra No. 429/61/3 (5-00), 429/61/1/2/2 (2-5), total 7 bighas 5 biswas, situated in the revenue estate of village Azadpur, Delhi. The area of 1 bigha 8 biswas out of Khasra No. 429/61 min (7-5) was notified for acquisition under Section 4 of the Land Acquisition Act, 1894 (hereinafter the LA Act) vide notification dated 19.08.1992. The government issued a further notification dated 16.08