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HIGH COURT OF DELHI
JUDGMENT
SUDERSHAN KUMAR KOHLI ..... Petitioner
Advocates who appeared in this case:
For the Petitioner : Mr Gaurav M. Liberhan For the Respondent nos. 1&2 : Mr Sanjay Kumar Pathak with Mr Sunil Kumar
Jha and Mr Kushal Raj Tater For the Respondent no.3/DDA : Mr Arjun Pant
HON'BLE MR JUSTICE SANJEEV SACHDEVA
1. The counter affidavit filed on behalf of respondent nos. 1 and 2 be placed on record by the Registry. However, a copy of the same has been handed over to us on behalf of Mr Pathak. The same is taken on record.
2. By way of this writ petition the petitioner is seeking the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land 2015:DHC:5992-DB Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the 2013 Act’) which came into effect on 01.01.2014. The petitioner, consequently, seeks 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.2/98-99 dated 06.01.1999 was made, inter alia, in respect of the petitioner’s land comprised in Khasra Nos. 1145 (0-12), 1223/3 (1-13) and 1230/1 (1-07) measuring 3 bighas 12 biswas in village Malikpur Kohi @ Rangpuri, 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 petitioner. 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; and
(iv) Surender Singh v. Union of India and Ors.:
4. As a result the petitioner is 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 JULY 28, 2015 kb