MANJU BALA Vs. LT GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI A
HIGH COURT OF DELHI
Lt Governor, National Capital Territory Of Delhi A
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(1.)The counter affidavit handed over on behalf of respondent nos. 2&4 by Mr Yeeshu Jain is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit as the necessary averments are already contained in the writ petition.
(2.)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. 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.6/2005-06 dated 12.07.2005 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 50/6/2 (0-6) and 50/15 (0- 14) measuring 1 bigha in all in village Pehladpur Bangar, Delhi, shall be deemed to have lapsed.
(3.)Though the respondents claim that possession of the said land was taken on 31.08.2005, the petitioner disputes this and maintains that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.
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