MOHAN LAL GANDHI & ORS Vs. LAND ACQUISITION COLLECTOR & ORS
LAWS(DLH)-2014-10-322
HIGH COURT OF DELHI
Decided on October 13,2014

MOHAN LAL GANDHI And ORS Appellant
VERSUS
Land Acquisition Collector And Ors Respondents




JUDGEMENT

- (1.)The learned counsel for respondent No. 1 states that the counter affidavit has been filed vide Diary No. 193107 dated 10.09.2014. The Registry is directed to take it on record. We have seen a copy of the same.
(2.)The petitioners have filed this petition seeking 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. It is stated by the learned counsel for the petitioners that the Award No. 1825 dated 24.05.1965 was made, inter alia, in respect of the petitioners' lands under the Land Acquisition Act, 1894. The petitioners' lands are situated in Village Tihar, Delhi in Khasra No. 2144/2 measuring 4 bighas. The learned counsel for the petitioners states that possession has not been taken of the subject lands and, therefore, even though it is the case of the respondents that compensation has been deposited in the court on 19.08.1965, the acquisition would be deemed to have been lapsed inasmuch as the Award has been passed more than 5 years prior to the commencement of the 2013 Act.
(3.)In view of the Supreme Court decisions in Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183; Union of India and Ors v. Shiv Raj and Ors, 2014 6 SCC 564; and Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 as also in view of our decisions in Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 and Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014, inasmuch as possession has admittedly not been taken and the Award has been made more than 5 years prior to the commencement of the 2013 Act, the acquisition proceedings under the 1894 Act in respect of the subject lands shall be deemed to have lapsed.
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