SOSHIL KUMAR JAIN AND ORS. Vs. UNION OF INDIA AND ORS.
HIGH COURT OF DELHI
Soshil Kumar Jain And Ors.
Union of India And Ors.
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(1.)The counter affidavit handed over by Mr Panda on behalf of respondent Nos. 4 and 5 is taken on record. The learned counsel for the petitioners 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 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. The petitioners, consequently, seek 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. 10/1987-88 dated 14.05.1987 was made, inter alia, in respect of the petitioners' land, comprised in Khasra Nos. 402 min (4-05), 399 min (4-0) and 409 min (3-15) measuring 12 bighas in all, in village Shaoorpur, New Delhi, shall be deemed to have lapsed.
(3.)In this case, it has been admitted by the concerned Land Acquisition Collector that physical possession of the subject land has not been taken. It is, however, contended that the compensation was deposited in Court in CM(Main) No.1407/2013 on 30.12.2013 pursuant to an order passed by this Court in the said matter. Insofar as the question of deposit is concerned, the same has already been considred by us in Gyanender Singh & Ors v. UOI & Ors.- W.P.(C) 1393/2014 decided on 23.09.2014 wherein this court held that unless and until the compensation is tendered to the persons interested, mere depositing of the compensation in the court would not be sufficient and cannot be regarded as having been paid. Therefore, following the decision in Gyanender Singh the deposit in court, in this case cannot be regarded as compensation having been paid to the petitioners.
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