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Date of Decision: 19th December, 2017
HARKIRAT SINGH ..... Petitioner
Through: Ms. Richa Oberoi, Mr. Prateek Kohli and Mr. Ankit Banati, Advs.
Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for R1.
Ms. Aastha Tyagi, Adv. for L&B/LAC.
Mr. Sanjeev Sabharwal, Standing Counsel with Mr. Hem Kumar and Ms. Simmee Kumari, Advs. for DDA.
HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J. (ORAL)
JUDGMENT
1. With the consent of the parties, present petition is set down for final hearing and disposal. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land of the petitioner being half portion (vertically bisecting the plot from front) comprised in Khasra no. 1805/2 (3-
16) and 1806 (4-16) measuring 4 Bighas and 6 Biswas situated in the revenue estate of Village-Chattarpur, New Delhi (hereinafter referred to as ‘subject 2017:DHC:7913-DB land’), are deemed to have lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither compensation has been paid nor possession has been taken over.
2. The necessary facts to be noticed for disposal of this writ petition are that Section 4 notification of the Land Acquisition Act, 1894 was issued on 25th November, 1980, Section 6 declaration was made on 7th June, 1985 and thereafter Award bearing No. 15/87-88 was passed by the Land Acquisition Collector on 5th June, 1987. Counsel for the petitioner submits as the possession of the subject land has not been taken and compensation has not been paid, the case of the petitioner is fully covered by the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misirimal Solanki & Ors(2014) 3 SCC 183 and other decisions as detailed below to submit that the acquisition proceedings would lapse: (1) Union of India and Ors v. Sshiv Raj and Ors., reported at (2014) 6 SCC 564; (2) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors, Civil Appeal no.8700/2013 decided on 10.09.2014; (3) Surender Singh v. Union of India & Others, W.P.(C).2294/2014 decided on 12.09.2014 by this Court; and (4) Giri Chhabra v. Lt. Governor of Delhi and Ors; W.P.(C).2759/2014 decided on 12.09.2014 by this Court.
3. We have heard the learned counsel for the parties.
4. Counter-affidavit has been filed by respondents LAC. Para 7 and 8 of the counter-affidavit reads as under: “7. The respondent could not take the possession of the land in question being Khasra No. 1805/2 (3-16) and 1806 (4-16).
8. That as per Statement “A” available with this office with details of compensation is as per the table below: -
┌──────────────────────────────────────────────────────────────────────────┐ │ Sl. Name Award Amount Remarks │ │ No. No. │ ├──────────────────────────────────────────────────────────────────────────┤ │ 1. Harkishan 15/87-88 Sent to │ │ Singh RD │ │ 2. Smt. Tej 15/87-88 303276.50 │ │ Kaur │ │ 5. As per the stand taken by the respondent LAC in Para 7 of their │ └──────────────────────────────────────────────────────────────────────────┘
V. KAMESWAR RAO, J
DECEMBER 19, 2017