PREM SHARMA & ANR Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Prem Sharma And Anr
Union of India And Ors
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(1.)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. 14/87-88 dated 26.05.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 57 min (3-9), 59 (4-11), 60/1-7 (4-16), 64/1-2(4-16) and 65/1 (0-11) measuring 18 bighas and 3 biswas in all in village Satbari, New Delhi, shall be deemed to have lapsed.
(2.)The stand of the respondents is that physical possession of the said land was taken on 14.07.1987 and 30.09.1987. This is disputed by the petitioners, who claim to be in actual physical possession of the subject land.
(3.)In so far as the question of compensation is concerned, the same has not been paid to the petitioners but, according to the respondents, the same has been deposited in the treasury. Therefore, they seek to invoke the second Proviso to Section 24(2) of the 2013 Act, which was 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").
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