Delhi High Court (August 24, 2001) 2001 (TLS)126508 2001-AD (Del)-7-356 BUDHU RAM Vs. UNION OF INDIA DEVINDER GUPTA ( 1 ) THIS petition initially was instituted on 6/9/1994 by the petitioners seeking direction against respondents 1 to 4, who alone were impleaded as respondents, for a writ of prohibition restraining respondent No. 3 from interfearing in petitioners peaceful possession occupation with further direction not to dispossess them otherwise than in due course of law from land measuring 3 bighas 4 biswas comprised in Khasra No. 5881/2781/1433 situate in village Klarkarduma, Delhi. Further direction prayed for in the writ petition was that direction be issued to respondents 1 to 4 to complete the acquisition proceedings in respect of the. petitioners land in terms of the award No. 21/1970-71 of village Karkarduma by taking possession or alternatively directing the respondents to withdraw from acquisition the land in question in terms of Section 48 of the Land Acquisition Act, 1894. ( 2 ) THE aforementioned reliefs were prayed by the petitioners alleging that the father of petitioners 3 to 5 and of the petitioners 1 and 2 occupied land measuring 3 bighas 4 biswas comprised in Khasra No. 5881/2781/1433 situate within the revenue estate of village karkarduma and classified in revenue record as Rosli for the last more than 50 years. Another part of adjoining land, also shown as Khasra No. 5881/2781/1433 measuring 1 bigha 7 biswas and classified as Rosli in revenue records is recorded in possession of Shri nalwa son of Har Chand as Gair Maurusi. On 13/11/1959 a general notification under section 4 of the Land Acquisition Act, 1894 (for short "the Act") was published thereby intending to acquire 34070 acres of land in Delhi. The notification also included land measuring 3 bighas 17 biswas, out of Khasra No. 5881/2781/1433, which included 1 bigha 7 biswas shown in revenue record to be in the tenancy of Nalwa and the remaining 1 bigha 10 biswas from out of the petitioners holding. Declaration under Section 6 of the Act followed and ultimately respondent No. 4 made his award No. 21/70-71 for acquisition of an area of 2 bighas 17 biswas out of Khasra No. 5881/2781/1433. Declaration under Section 6 of the Act followed and ultimately respondent No. 4 made his award No. 21/70-71 for acquisition of an area of 2 bighas 17 biswas out of Khasra No. 5881/2781/1433. in the award statement also appended to the award it was shown that 1 bigha 7 biswas, occupied by Nalwa had been acquired and out of the petitioners holdings an area of 1 bigha 10 biswas had been acquired. Consequent to the award, possession was taken on the spot on 11/6/1971 but the Collector Land acquisition did not take possession of the petitioners land and the other land comprised in khasra No. 5881/2781/1433 measuring 2 bighas 17 biswas on the ground that the same was built up area. The petitioners claimed that they are In continuous possession of 3 bighas 4 biswas comprised in Khasra No. 5811/2781/1433. Irrespective of the fact that award was made by the Collector and out of the area occupied by the petitioners, 1 bighas 10 biswas of land had been shown to have been acquired. It is alleged that the petitioners are grossly handicapped in improving the land or taking any action for removal of any encroachment as the Collector was not taking possession and for that reason compensation was not being paid. In this back ground the aforementioned reliefs were prayed. ( 3 ) RESPONDENTS 1, 2 and 4 in their reply filed on the affidavit of Shri V. B. Pandey, Officer on Special Duty (Litigation) in Land and Building Department; Government of National capital Territory of Delhi admitted that the petitioners are recorded as non-occupancy tenant in Khasra No. 5881/2781/1433 measuring 2 bigha 17 biswas and Nalwa is recorded as non-occupancy tenant for an area of 1 bigha 7 biswas in the said Khasra number. It is not disputed by respondents 1, 2 and 4 that acquisition proceedings were taken out for which award has already been made thereby ownership vests in the Government without any encumbrances. The petitioners have right only to receive compensation after delivery of possession. It is stated that possession of the land could not be taken due to built up area. Possession was also not handed over by the petitioners. Delhi Development Authority also filed its reply on the affidavit of Shri V. K. Shingal, Director (LM) reiterating the same stand as taken by respondents 1,2 and 4. It is stated that possession of the land could not be taken due to built up area. Possession was also not handed over by the petitioners. Delhi Development Authority also filed its reply on the affidavit of Shri V. K. Shingal, Director (LM) reiterating the same stand as taken by respondents 1,2 and 4. ( 4 ) DURING pendency of the petition on 3/2/1997 an order was made directing respondents 1, 2 and "4 to file an additional affidavit along with site plan disclosing full particulars and information with regard to land in dispute. Pursuant to the said direction, additional affidavit of Shri C. Uday Kumar, Sub Divisional Magistrate-cum-Land Acquisition Collector, Vivek vihar, Delhi was filed, who stated on oath that land measuring 9 bighas 6 biswas comprised in Khasra No. 1433 as per the entries in revenue record was owned by Pntam SIngh and niranjan Singh. On a part of land, Hira Lal, Budh Ram and Sant Ram are recorded as Gair- maurusi cultivators. This 9 bigha 6 biswas land has been shown in four different parts in the reply affidavit i. e. rough sketch plan appended to the affidavit by letters A, B, C, D. It was stated that an area of 3 bighas 2 biswas was acquired for D. D. A. through award No. 20/70- 71, which portion is depicted in the sketch as "a". Another area of 13 biswas was acquired by award No. 956 for Railways and the said area has been marked in the sketch (Annexure-Rt) by letter "b". The left out area was 5 bighas 11 biswas, out of which an area of 2 bighas 17 biswas was acquired through award No. 21/70-71, which portion had been marked as "c". Possession of this area could not be taken by LAC being built up area. Rest of the area measuring 2 bighas 14 biswas marked as "d" is unacquired. Out of this 2 bighas 14 biswas, a piece of land measuring 1 bigha is recorded as abadi Chamaran in the revenue record. After this affidavit was filed, the writ petition was disposed of 19/9/1979. ( 5 ) RESPONDENTS 5 to 13 filed applications seeking review of the judgment praying that they be impleaded as parties since their valuable rights have been effected by the decision rendered by this Court. Applications were allowed. After this affidavit was filed, the writ petition was disposed of 19/9/1979. ( 5 ) RESPONDENTS 5 to 13 filed applications seeking review of the judgment praying that they be impleaded as parties since their valuable rights have been effected by the decision rendered by this Court. Applications were allowed. The judgment was recalled and they were also directed to be impleaded as respondents. They filed their replies also. We have heard arguments addressed by learned counsel for the petitioners and learned counsel for respondents 5 to 13. Stand of respondents 1,2 and 4 has remained the same. ( 6 ) RESPONDENTS 5 to 13 asserted that they are In possession of 2 bighas 7 biswas, which they duly purchased through a sale deed dated 17/3/1989 duly registered after obtaining no objection certificate from the Competent Authority and also on obtaining a clearance certificate from the office of A. D. M. (LA ). This land they purchased from the legal heirs of nalwa, who was cultivator of the land and pleaded that the land has been marked as "c" in the site plan filed by respondents 1, 2 and 4 along with the additional affidavit dated 31/7/1997. They claimed that on the basis of the registered sale deed 2 bighas 7 biswas of land is now owned by them. Remaining land measuring 10 biswas which is within portion marked as "c" belongs to petitioners. The petitioners were wrongly claiming 1 bigha 10 biswas from out of portion marked "c" instead of 10 biswas. ( 7 ) WE have been taken through the entire documents including revenue record also. In so far as portions A and B, as shown in the sketch appended to the additional affidavit of respondents 1, 2 and 4 are concerned, there is no dispute amongst the parties. It Is also not disputed that out of an area 9 bighas 6 biswas of Khasra No. 1433, area of 3 bighas 2 biswas and 13 biswas was acquired separately by two awards and the left out area of this Khasra was 5 bighas 11 biswas. The position as regards entries in the revenue record is that out of this 5 bighas 11 biswas land, 3 bighas 4 biswas is shown to be in possession of the petitioners. This would be reflected from copy of Jamabandi for 1961-62 (Annexure-P. 1) and copy of Jamabandi for 1972-73 Ex. The position as regards entries in the revenue record is that out of this 5 bighas 11 biswas land, 3 bighas 4 biswas is shown to be in possession of the petitioners. This would be reflected from copy of Jamabandi for 1961-62 (Annexure-P. 1) and copy of Jamabandi for 1972-73 Ex. PR2 and entries in Khasra girdwari Ex. PR3 for the period from 31/10/1966 to 10/3/1970 and from 30/9/1987 to 29/3/1995. These documents also reflect that an area measuring 1 bigha 7 biswas is in possession of Shri Nalwa son of Har chand. Remaining area of 1 bigha is shown to be in occupation of community of Chamaran. in Jamabandi for the years 1972-73, respective possessions of petitioners, Nalwa and community Chamaran is shown in different Khataunies and the total area of the land in khata No. 598/584 as 5 bigha 11 biswas. Nalwa is shown in occupation of 1 bigha 7 biswas in khautani No. 857/1500. The petitioners are shown in occupation of 3 bighas 4 biswas in khautani No. 858/1501. and Community of Chamaran in occupation of 1 bigha in Khautani no. 859/1602. It is Interesting to note that area of 3 bighas 4 biswas shown to be in occupation of petitioners and area 1 bigha 7 biswas shown to be in occupation of Nalwa is reflected in revenue record as vacant and cultivable and the nature is shown as Rosli. Only the remaining area 1 bigha is shown as gair mumkin abadl. It is also not in dispute that in the land acquisition proceedings it was shown that an area measuring 1 bigha 7 biswas occupied by Nalwa had been acquired and the remaining area 1 bigha 10 biswas shown to have been acquired is that of the petitioners. Annexure-P. 2 is the document in respect of the award which reflects this position. At pages 27 to 30 of the paper book are the statements showing the compensation awarded on account of each holding. Nalwa son of Har Chand was shown to be an occupant of 1 bigha 7 biswas of land only comprised in Khasra No. 5881/2781/1433. The said statement also reflects that reference under Section 18 was sought, which was forwarded to the reference court. The statement also reflects that even with respect to apportionment of compensation between owners and tenants dispute was also referred to the reference court. The said statement also reflects that reference under Section 18 was sought, which was forwarded to the reference court. The statement also reflects that even with respect to apportionment of compensation between owners and tenants dispute was also referred to the reference court. Another award statement reflect same position showing 1 bigha 10 biswas in occupation of the petitioners to have been acquired for which also reference is stated to have been sent to the reference court for apportionment, which appears to be the cause of dispute between the owners and the occupants. It has nothing to do with the dispute, which has now been raised about title to the property. Annexure-P. 3 Is the copy of the possession proceedings, which reflect that area measuring 2 bighas 17 biswas comprised in Khasra No. 5881/2781/1433 though acquired, but possession could not be taken being built up area. ( 8 ) IN Annexure-R1, which is sketch plan appended to the additional affidavit dated 16/9/1997. Portion shown as "c" is the portion, which has been acquired, which is the bone of contention amongst the petitioners and the respondents 5 to 13. Portion shown as "d" is unacquired portion, which measures 2 bighas 14 biswas and it is not in dispute. 1 bigha 14 biswas out of it is in occupation of the petitioners and the remaining 1 bigha is that portion, which in the revenue record has been shown to be in occupation Community of Chamaran. As regards portion "c, we have already referred to the entries in the revenue record which do suggest that out of this 2 bighas 17 biswas, 1 bigha 7 biswas is that portion, which is shown to be in possession of Shri Nalwa and remaining 1 bigha 10 biswas is that portion, which in revenue records is shown to be in possession of the petitioners. Continuous entries in the Revenue records do raise presumption of correctness. In addition thereto proceedings under the Land Acquisition Act were taken out. In case Nalwa had any grievance that in addition to 1 bigha 7 biswas, for which compensation was offered to him for which reference was also sought by him that he was In occupation of an area more than 1 bigha 7 biswas, it was for him to have taken out proceedings either by seeking reference or otherwise. In case Nalwa had any grievance that in addition to 1 bigha 7 biswas, for which compensation was offered to him for which reference was also sought by him that he was In occupation of an area more than 1 bigha 7 biswas, it was for him to have taken out proceedings either by seeking reference or otherwise. Proceedings not having been taken out by Nalwa or at least it is not shown that any such proceedings are taken out, it must be presumed that Nalwa was satisfied with entries in the revenue records and with the fact that he has a title only with respect to 1 bigha 7 biswas and not beyond that. He will also be deemed to have acquiesced in the situation that remaining 1 bigha 10 biswas belongs to the petitioners. Respondents 5 to 13 are claiming title through nalwa. Therefore, they cannot have better title, than what Nalwa had. Land Acquisition proceedings have culminated in award. Any person aggrieved could have sought reference. In case reference was not sought, it must be presumed that the position as is reflected in the revenue records that out of the acquired land of 2 bighas 17 biswas, shown as Khasra No. 5881. 2781/1433,1 bigha 7 biswas is in occupation of Nalwa or any person claiming through nalwa and the remaining 1 bigha 10 biswas is in occupation of the petitioners. ( 9 ) IN these proceedings we cannot decide any disputed question of title sought to be raised by respondents 5 to 13 and in view of the position as Is reflected in revenue records and is reflected in the proceedings under the Land Acquisition Act, no other or further direction deserves to be issued to respondents 1 to 4 except by directing that till possession is obtained in accordance with law, respective possession of the parties, as aforementioned, will not be interfered with. Ordered accordingly. With respect to the portion "d" shown in the sketch plan, position is admitted that 1 bigha 14 biswas is In possession of the petitioners and the remaining 1 bigha belongs to Community of Chamaran. Ordered accordingly. With respect to the portion "d" shown in the sketch plan, position is admitted that 1 bigha 14 biswas is In possession of the petitioners and the remaining 1 bigha belongs to Community of Chamaran. We need not make any order with regard to that portion in this writ petition since respondents 1 to 4 admit this position and possession of petitioners and of Community of Chamaran cannot be disturbed except in accordance with law Writ petition accordingly is disposed of leaving the parties to bear their respective costs. --- *** --- .