Full Text
HIGH COURT OF DELHI
Date of
JUDGMENT
RAJESH JINDAL ..... Petitioner
Through Mr. Anil K. Aggarwal, Advocate.
Through Mr. Pradeep Kumar Jha, Advocate for UOI.
Mr. Rajneesh Sharma, Advocate, for LAC.
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J. (ORAL)
1. This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.35/3 min measuring 1 bigha 4-1/4 biswas, situated in the revenue estate of village Rani Khera, Delhi (hereinafter referred to as ‘the subject land’) are deemed to have lapsed in view 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’), as neither the compensation has been tendered to the petitioner nor physical possession of the subject land has been taken.
2. In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was issued followed by 2018:DHC:5089-DB a Section 6 declaration. An Award bearing no.08/2005-06 was rendered on 28.06.2005.
3. Counsel for the petitioner submits that in this case neither compensation has been tendered to the petitioner nor possession of the subject land has been taken.
4. Counter affidavit has been filed by the LAC. Para 6 of counter affidavit filed by the LAC read as under:
5. We have heard the learned counsels for the parties and considered their rival submissions.
6. Reading of the counter affidavit filed by the LAC leaves no room for doubt that neither possession of the subject land has been taken nor compensation has not been tendered to the petitioner and thus, the necessary ingredients of Section 24(2) of 2013 Act are accordingly met.
7. Having regard to the fact that no compensation has been tendered to the petitioner and also possession of the subject land has not been taken and since the Award having been announced more than five years prior to the commencement of the 2013 Act, the case of the petitioner is covered by the provisions of Section 24(2) of the 2013 Act, thus, the petitioner is entitled to a declaration that the acquisition proceedings initiated under the Land Acquisition Act, 1894 with regard to the subject land are deemed to have lapsed. It is ordered accordingly.
8. The writ petition stands disposed of. G.S.SISTANI, J. SANGITA DHINGRA SEHGAL, J AUGUST 13, 2018 ck