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HIGH COURT OF DELHI
JUDGMENT
FAKIR CHAND AND ORS. ..... Petitioners
For the Petitioner : Mr K.P. Singh, Advocate For the Respondents : Mr Naushad Ahmed Khan, ASC with Mr Pradeep Kumar Jha, Advocate for R-1 and R-2
: Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for L&B/LAC/
4&5 Mr Pawan Mathur and Mr Himanshu Gupta, Advocates for DDA
HON'BLE MR JUSTICE SANJEEV SACHDEVA
1. The counter affidavit handed over by Mr Yeeshu Jain on behalf of LAC is taken on record. The learned counsel for the petitioners does not wish to file the rejoinder affidavit as the necessary averments are already contained in the writ petition. 2015:DHC:9095-DB
2. By way of this writ petition the petitioners are seeking the benefit of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’) which came into effect on 01.01.2014. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) and in respect of which Award No. 83/1982-83 dated 25.03.1983 was made, inter alia, in respect of the petitioners’ land comprised in Khasra NO. 909 (1-2), 932 (1-5), 938(2-10), 939 (2-10) 940 (1-13) measuring 9 Bighas situated in the revenue Estate of Village Mehrauli, New Delhi shall be deemed to have lapsed.
3. It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioners. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-
(i) Pune Municipal Corporation and Anr v.
(ii) Union of India and Ors v. Shiv Raj and Ors:
(iii) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal NO. 8700/2013 decided on 10.09.2014;
(iv) Surinder Singh vs. Union of India and Ors.:
4. As a result the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject lands are deemed to have lapsed. It is so declared.
5. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J NOVEMBER 02, 2015 RS