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HIGH COURT OF DELHI
JUDGMENT
RENU SHAMLAL ..... Petitioner
For the Petitioner : Mr Sumit Bansal, Mr Ateev Mathur, Ms Richa Oberoi and Ms Jagriti
Ahuja.
For the Respondents : Mr Dev P.Bhardwaj, CGSC with Ms Anubha Bhardwaj and Mr Brajesh
Kumar for UOI.
Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B.
Mr Sanjeev Sabharwal for DDA.
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
1. Mr Jain appearing on behalf of the respondent No.2 has handed over the counter affidavit. The same is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit.
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 2014:DHC:6811-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.15/87-88 dated 05.06.1987 was made, inter alia, in respect of the petitioner’s land comprised in Khasra Nos.1521/2 (3-18), 1580 (4-16), 1581/1 (0-04), 1581/2 (4-04) and 1581/3 (0-
08) measuring 13 bighas 10 biswas in all in Village- Chhatarpur, 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;
(iv) Surinder Singh vs. 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 SIDDHARTH MRIDUL, J DECEMBER 08, 2014 mk