Full Text
HIGH COURT OF DELHI
JUDGMENT
MADAN MOHAN SINGH & ANR ..... Petitioners
Advocates who appeared in this case:
For the Petitioners : Mr Ashish Mohan.
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B.
Mr Pawan Mathur for DDA.
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
1. The counter affidavit handed over by Mr Jain, the learned counsel for the Land Acquisition Collector, is taken on record. The learned counsel for the petitioners does not wish to file a rejoinder affidavit.
2. The learned counsel for the petitioners states that this matter is covered by the decision of this Court in the case of Girish Chhabra v. Lt. 2014:DHC:6402-DB 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, 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.3/97-98 was made on 05.12.1997. 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 Village- Aali in Khasra Nos.16/2/2(1-02), 17(3-06), 18/2(0-18), 19/2(4-13), 21/2(1-15) and 22/1(1-3) measuring in all 11 bighas and 6 biswas. The petitioners are claiming only a 1/4th undivided share in the above land and their undivided share is 2 bighas 16 biswas 10 biswansis.
3. Admittedly, though physical possession of the subject land has been taken on 26.05.1998, 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.
4. 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 SIDDHARTH MRIDUL, J NOVEMBER 25, 2014 mk