Manish v. Govt. of NCT of Delhi & Ors.

1. The petitidner'^eeks the benefit-df-SeMdn 24(2)i6f the Right to Fair Compensation arilcjran|pareneyi;in?^^ Rehabilitation and Resettlement Act, 2013 fhereina®'"referred to as 'the 2013 Act') which came into effect on 01.01.2014. A declaration is sought to the J effectthatthe acquisition proceeding initiated underthe Land Acquisition Act, 1894(hereinafter referred to as 'the 1894 Act')in respect of which Award No.22/2005-06 dated 02.01.2006 was made,inter alia, in respect of the petitioner's land comprised in Khasra No. 54//17(4-13) to the W.P.fC)No.2846/2015 Page I of[3] 2016:DHC:8909-DB extent of 150 square yards in village Karala shall be deemed to have lapsed.

2. Though the respondents claimed that possession of the said land was taken on 23.02.2007,the petitioner disputes this and maintains that physical possession has not been taken. However,insofar as the issue of compensation is concerned,,ifais'€n'M®ftM«pQsitio that it has not been paid.,4#^ % -VTf ry. !' r'. ♦: t. • # %-*\v c' 4^

3. Without|goMg into the|||Dtf|||yersy of physic4^po%ession, this much is clear|hatthe Award w^t|n^eimore than five yearsrjprior to the ' " 'f (' %:■ » ?AVi ft f commencemerit of the 2013 Adtf&d\th^?dbmpensation has dso not been paid. The nece^qr)^npq|i%nls^icmlib#a^pl^^ fiction 24(2) of "i?',. ^"^'-k^cT^.T-p e; -S'^' the 2013 Act as inteipieted %ftthevSupremeiCo this Court in the following cases stand (1) Pune Municipal Corporation and Anr v. Harakchand MisirimalSolanki andOrs: (2014) 3 SCC 183; (2) Union ofIndia and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564; fV.P.fC) No. 2846/2015 Page 2 of[3] >•7 • (3) Sree Balaii Nasar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014; (4) Surender Sinsh v. Union ofIndia & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court;and (5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C)2759/2014 decided on 12.09.2014 by this Court.

4. As a result, the petitigjaptids-enfMedstt^^a declaration that the said acquisition proceedip:gs ini|iated^"under the 1894isAGtyn respect of the subjectland are deemed to have lapsed.'Itislso declared. '% 0 I, "« " % x,.J,. ^ % ■ y 5. The wrif petition is allowed to the'aforesaid extent. There shall be f fi 8 - ^ ',[6] no order as to losts. > 5' 1' If ^' Jr: BADARDURf^Z^HMED,J 4^1.,S0$P" MAY 31,2016 ""^"^-^as^S«3EEV SACHDEVA,J rs 5^ W.P.(C)No.2846/2015 Page 3of[3]