VEENA MAHAJAN & ANR Vs. GOVT OF NCT OF DELHI & ORS
HIGH COURT OF DELHI
Veena Mahajan And Anr
Govt Of Nct Of Delhi And Ors
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Badar Durrez Ahmed, J. -
(1.)The petitioners seek the benefit of Sec. 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. 2/1998-99 dated 06.01.1999 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 1271 (1 bigha 2 biswas) and 1283 (1 bigha 2 biswas) in village Malikpur Kohi @ Rangpuri shall be deemed to have lapsed.
(2.)In this case, the respondents admit that possession has not been taken in respect of Khasra No. 1283 measuring 1 bigha 2 biswas. But, it is contended by the respondents that possession has been taken in respect of Khasra No. 1271 measuring 1 bigha 2 biswas. The learned counsel for the petitioners states that this possession is only a paper possession and actual physical possession remains with the petitioner. This fact is, however, disputed by the learned counsel for the respondents.
(3.)This case is clearly covered under Sec. 24(2) of the 2013 Act even if the possession with regard to one part of the land is disputed. This is so because in respect of both the khasra numbers, no compensation has admittedly been paid to the petitioners and the Award is more than five years prior to the commencement of the 2013 Act. The acquisition in question is deemed to have lapsed in view of the provisions of Sec. 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases:-
(1) Pune Municipal Corporation and Anr Vs. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183;
(2) Union of India and Ors Vs. Shiv Raj and Ors, 2014 6 SCC 564;
(3) Sree Balaji Nagar Residential Association Vs. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;
(4) Surender Singh Vs. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and
(5) Girish Chhabra Vs. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.
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