Full Text
JUDGMENT
KRISHAN JIT SANGER .... Petitioner
For the Petitioner : Mr N.P.Sahni For the Respondents : Mr Pawan Mathur with Mr Himanshu Gupta, Advocates for respondent No.2
Mr Yeeshu Jain with Ms Jyoti Tyagi, Advocates for
L&B/LAC.
Mr Anurag Ahluwalia, Advocate for Union of India.
HON’BLE MR JUSTICE SANJEEV SACHDEVA
1. The counter affidavit on behalf of respondent No.4 handed over by Mr Yeeshu Jain is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder-affidavit and reiterates the contents of the writ petition in response to the said counter-affidavit. 2016:DHC:3407-DB
2. The petitioner seeks 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. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the 1894 Act’) in respect of which Award No.20/87-88 dated 05.06.1987 was made, inter alia, in respect of the petitioner’s land comprised in Khasra No. 495 measuring 5 bighas 17 biswas in village Khirkee, shall be deemed to have lapsed.
3. Though the respondents claimed that possession of the said land was taken on 17.07.1987, the petitioner disputes this and maintains that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.
4. Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:- (1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183; (2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564; (3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014; (4) Surender Singh v. Union of India & 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.
5. 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 land are deemed to have lapsed. It is so declared.
6. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
BADAR DURREZ AHMED, J May 02, 2016 SANJEEV SACHDEVA, J ‘sn’