Decided on July 07,2015

Repute Land And Leasing Pvt. Ltd. Appellant
Union of India And Ors. Respondents


Badar Durrez Ahmed, J. - (1.)MR . Siddharth Panda, the learned counsel appearing for respondent No. 2 has handed over the affidavit on behalf of Land & Building Deptt. The same is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit inasmuch as all the necessary averments are contained in the writ petition.
(2.)BY way of this writ petition 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. The petitioner, consequently, seeks a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the "1894 Act") and in respect of which Award No. 15/87 - 88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land, comprised in Khasra Nos. 1023 Min (0 -10), 1003/2/1 (0 -18), 959/2 (0 -2), 959/1 Min (0 -18), 983/3/1 (0 -2) and 1023 Min (2 -8) in all measuring 4 bighas 18 biswas, in village Chhattarpur, New Delhi shall be deemed to have lapsed.
In this case, it has been admitted by the concerned Land Acquisition Collector that physical possession of the subject land has not been taken. However, it is contended by learned counsel for the respondent that compensation in respect of some of the khasras has been deposited in the Treasury and in respect of some, it has been deposited in the Court. The deposit in the Court was made pursuant to an order dated 30.12.2013 of the learned Vacation Judge passed in CM(M) No. 1411/2013. By virtue of that order the said CM Main amongst others was disposed of, recording that without prejudice to the rights and contentions of the land owners, the petition would be treated as a tender to the court of the learned Additional District Judge, Delhi as on that date i.e. 30.12.2013. According to the respondents this amounts to payment of compensation. However, this issue has already been settled by a decision of this court in Gyanender Singh & Ors. v. Union of India & Ors. WPC 1393/2014 decided on 23.09.2014 wherein this court held that unless and until the compensation was tendered to the persons interested, mere deposit of the compensation in court would not be sufficient. The compensation cannot be regarded as having been paid merely on the deposit of the same in court unless and until it has first been offered to the person interested and he has refused to accept the same. In the present case, it is an admitted position that the compensation amount was tendered in this court in the said C.M (Main) 1411/2013 without first being offered to the petitioner herein. Therefore the same, following the decision in Gyanender Singh (supra), cannot be regarded as compensation having been paid to the petitioner. In so far as some of the khasra numbers are concerned, it has been stated that compensation amount was deposited in the Treasury, though the same has not been paid to the land owner nor was it offered to the land owner.

(3.)THE learned counsel for the respondents placed reliance on the second proviso to Section 24(2) of 2013 Act, which has been introduced by virtue of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 (hereinafter referred to as the "said Ordinance"). The newly added proviso reads as under: -
"Provided further that in computing the period referred to in this sub -section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any designated account maintained for this purpose shall be excluded."

(underlining added)


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