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HIGH COURT OF DELHI
JUDGMENT
SURINDER MAHENDRU & ANR. ..... Petitioners
Advocates who appeared in this case:
For the Petitioner : Ms Setu and Ms Esha Mazumdar, Advocates
For the Respondents: Mr Yeeshu Jain and Ms Jyoti Tyagi for L&B/LAC
Mr Dhanesh Relan and Mr Arush Bhandari, Advocates for
DDA
HON'BLE MR JUSTICE SANJEEV SACHDEVA1
1. The counter affidavit handed over by Mr Sidharath Panda taken on behalf of respondent no. 3 and 4. Learned counsel for petitioners submits that there is no need to file rejoinder affidavit as all the necessary averments contained in the affidavit. Corrected vide order dated 14.09.2015 2015:DHC:6426-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.29/2002-2003 dated 01.11.2002 was made, inter alia, in respect of the petitioners’ land comprised in Khasra Nos. Khasra No. 24/23(0-14), 24/23 (1-7) measuring 2 bigha 1 biswa situated in the Revenue Estate of Village Sahibabad Daulatpur, 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 along with the pending applications is allowed to the aforesaid extent. There shall be no order as to costs.