KAMAL KANT BANSAL &ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No. 31/20 min, admeasuring (0-12 Biswa) situated in the revenue estate of village Nangloi Jat, New Delhi, (hereinafter referred as the 'subject land') stand 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 '2013 Act') as no compensation has been paid to the petitioners.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 28.07.2006 and a declaration under Section 6 was made on 211.2006. Thereafter, an Award bearing no.1/2007-08 was passed on 06.08.2007. It is the case of the petitioners that the compensation with respect to subject land has not been tendered even though the possession of the land has been taken.

(3.) The counsel for the petitioners submits that since the compensation has not been tendered, the petitioners would be entitled to a declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the New Act'). Counsel for the petitioners has drawn the attention of the Court to the Counter Affidavit filed by LAC wherein it has been categorically stated that the compensation has not been paid.