Decided on December 15,2015

Chaman Singh And Ors Appellant
Land Acquisition Collector East And Anr Respondents


- (1.)The counter affidavit handed over by Mr Yeeshu Jain on behalf of the respondent no. 1 is taken on record. The learned counsel for the DDA has also handed over a counter affidavit which is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit in response to the said counter affidavits as he would be relying on the averments made in the writ petition. The learned counsel for the petitioners also limits the reliefs claimed in this writ petition to the extent of 2 Bighas and 8 Biswas and reserves the right of the petitioners to file separate proceedings in respect of 15 Biswas of land, which both the said respondents claim to have taken physical possession thereof, which is disputed by the petitioners.
(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. 6-C/71-72 (Supplementary) dated 31.03.1977 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 394 (3-03) to the extent of only 2 Bighas and 8 Biswas in village Gharonda Neem Ka Bangar, Delhi, shall be deemed to have lapsed.
(3.)We have already indicated that the respondents claimed to have taken possession in respect of 15 Biswas of land out of the said Khasra and they admitted that the physical possession of 2 Bighas and 8 Biswas could not be taken as the same was built-up. The petitioners have already restricted this petition only to 2 Bighas and 8 Biswas of land and have reserved their rights to file a separate petition and/or to initiate a separate proceeding with regard to the balance 15 Biswas of land in respect of which the possession is disputed.

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