RAJIV GUPTA & ANR Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Rajiv Gupta And Anr
Union of India And Ors
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(1.)The counter affidavit filed by respondent No.5 was returned with the objection that the translation of the possession proceedings which were in Hindi had not been furnished. We waive that objection and take the counter affidavit on record.
(2.)The petitioners seek 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.10/87- 88 dated 19.05.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 52 (4-4), 62/1, 62/2 (3-7) and 53 (4-16) measuring 13 bighas 16 biswas in all in village Shayoorpur shall be deemed to have lapsed.
(3.)Though the respondents claimed that possession of the said land was taken on 14.07.1987, the petitioners dispute this and maintain 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.
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