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HIGH COURT OF DELHI
JUDGMENT
HAJI CONSTRUCTION CO. …..Petitioner
…..Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Ravinder Sethi, Sr. Advocate with Mr Rajiv Kumar Ghawana.
For the Respondents : Mr Sanjay Poddar, Sr. Advocate with Mr Sanjay Kumar Pathak, Mr Yeeshu Jain, Ms Jyoti Tyagi, Mr Sunil Kr. Jha and Ms Kiran Pathak for respondent Nos.1 &2.
Mr Arjun Pant for respondent No.3.
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
1. 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 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 2014:DHC:4738-DB Act’) and in respect of which Award No.17/1992-93 dated 18.06.1992 was made, inter alia, in respect of the petitioner’s land comprised in Khasra NO. 222 measuring 1 bigha 8.[5] biswas in Village Okhla shall be deemed to have lapsed.
2. 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.:
3. 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.
4. The writ petition is allowed to the aforesaid extent. Pending application also stands disposed of. There shall be no order as to costs.
BADAR DURREZ AHMED, J SIDDHARTH MRIDUL, J SEPTEMBER 16, 2014