SH. GULAB SINGH AND ORS. vs D.M. /LAC SOUTH WEST DISTRICT KAPASHERA & ORS

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 06.03.2025 + W.P.(C) 1903/2020 SH. GULAB SINGH AND ORS. .....Petitioners Through: Mr B.D. Sharma, Advocate. versus D.M. /LAC SOUTH WEST DISTRICT KAPASHERA & ORS .....Respondents Through: Mr. Siddharth Panda, Mr. Ritank & Mr. Anil Pandey, Advocates for R1. Ms. Rachita Garg & Ms. Preeti, Advocates for R2/State/GNCTD. Mr. Rajiv R. Mishra & Ms. Suruchi Yadav, Advocates for R5/Delhi Jal Board. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. The petitioners have filed the present petition, inter alia, praying that the acquisition proceedings initiated in respect of the land measuring 02 Bighas 11 Biswas, comprising in Khasra No.282 Min (2-11) [the subject land] situated in the revenue estate of Village Bijwasan, New Delhi is illegal in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [the Act]. 2. Additionally, the petitioners pray that directions be issued to the Signature Not Verified Digitally Signed By:RAM W.P. (C) 1903/2020 Page 1 of 7 KUMAR Signing Date:12.03.2025 21:26:15 respondents not to interfere with their peaceful possession of the subject land. 3. The petitioners claim that they are the recorded owners of the subject land. The preliminary notification being No.F.8/2/16/2015/L&B/LA/10641 in respect of the subject land was issued by the Land and Building Department, Government of NCT of Delhi under Section 11(1) of the Act on 28.08.2015. In terms of the said notification, it was notified that the subject land was likely to be acquired for the public purpose of construction of the Waste Water Treatment Plant (WWTP), which would treat the waste water generated fr