HASHAM Vs. GOVERNMENT OF NCT OF DELHI & ORS
HIGH COURT OF DELHI
Government Of Nct Of Delhi And Ors
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(1.)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. 14/1987-88 dated 26.05.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos.881/2(1-12), 882 (1-16) and 884/1 (3-07) (half share) measuring 6 bighas and 16 biswas in all in village Satbari shall be deemed to have lapsed.
(2.)Though the respondents claimed that possession of the said land was taken on 14.07.1987, 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.
(3.)Without going into the controversy of the 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. Harak Chand 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.
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