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HIGH COURT OF DELHI
JUDGMENT
DARYAO SINGH & ORS ..... Petitioners
For the Petitioners : Mr N.Prabhakar, Advocate
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for
L&B/LAC.
Mr Dhanesh Relan, Advocate for DDA
HON'BLE MR JUSTICE SANJEEV SACHDEVA
1. The learned counsel for the petitioners states that this matter is covered by the decision of this Court in the case of Girish Chhabra vs. Lt. Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on 12.09.2014. He states that although possession of the subject land has been taken, the award under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) was made more than five years prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, 2015:DHC:7679-DB WP(C) 8441/2014 Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’), which came into effect on 01.01.2014. In this case, Award No.58/70-71 was made on 31.12.1970. He also states that compensation has not yet been paid to the petitioners. Therefore, the requirements of section 24(2) of the 2013 Act have been fulfilled and the petitioners are entitled to a declaration that the subject acquisition under the 1894 Act has lapsed. The land in question is situated in Khasra No.327 measuring 4 bighas 18 biswas (7/8th share) in all, in village Pitampura.
2. Admittedly, though physical possession of the subject land has been taken on 04.12.1991, compensation has not been paid to the petitioners. The Award is also more than five years prior to the commencement of the 2013 Act. Consequently, the decision of this Court in Girish Chhabra (supra) applies on all fours and the subject acquisition has lapsed.
3. The writ petition is allowed by declaring that the acquisition in respect of the subject land has lapsed. There shall be no order as to costs.
BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J SEPTEMBER 15, 2015 ‘sn’