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HIGH COURT OF DELHI
JUDGMENT
DIWAN CHAND …..Petitioner
& ANOTHER …..Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Rajat Aneja.
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
1. The learned counsel for the petitioner states that this matter is covered by the decision of this court in the case of Girish Chhabra v. Lt. Governor of Delhi and Ors.: WP(C) No.2759/2014. He states that although possession of the subject land has been taken, the award 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, 2014:DHC:4973-DB WP(C) 5375/2013 2013 (hereinafter referred to as the ‘2013 Act’), which came into effect on 01.01.2014, by virtue of award No.24/2005-06 dated 03.02.2006. He also states that compensation has not yet been paid to the petitioner. Therefore, the ingredients of Section 24(2) of the 2013 Act have been satisfied and he is entitled to a declaration that the subject acquisition has lapsed. The land in question is situated in Village- Bhalswa in Khasra No.657 comprising of 4 bighas and 16 biswas.
2. Admittedly, compensation has not been paid and possession of the subject land has been taken. 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.
3. The writ petition is allowed by declaring that the subject acquisition has lapsed. There shall be no order as to costs.
BADAR DURREZ AHMED, J SIDDHARTH MRIDUL, J SEPTEMBER 24, 2014 mk