SPARSH PROPERTIES PVT LTD Vs. UNION OF INDIA
LAWS(DLH)-2014-11-345
HIGH COURT OF DELHI
Decided on November 24,2014

Sparsh Properties Pvt Ltd Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

- (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, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.
(2.)The Award under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') was made vide Award No.15/1987-88 dated 27.06.1987 and it was in respect of, inter alia, the petitioner's land comprised in Khasra Nos. 926/1(0-7) , 928(4-7) , 942 (4-16) , 943 (0-4) , 944 min (0-4) and 946/1 (2-3) measuring 12 bighas 1 biswas in all in village Chattarpur, New Delhi.
(3.)It is an admitted position that the physical possession of the subject land was not taken by the land acquiring agency. It is also an admitted position that the compensation has not been paid in respect of the subject land except insofar as khasra number 946/1(2-3) is concerned. According to the learned counsel for the respondents the compensation for the said khasra was deposited before the court of the District Judge. However, no date or particulars are given. In any event, it is not mentioned that the deposit was made after an offer had been made to the petitioner and he had refused to accept the same.
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