BANWARI LAL SHARMA Vs. THE LAND ACQUISITION COLLECTOR AND ORS.
HIGH COURT OF DELHI
BANWARI LAL SHARMA
The Land Acquisition Collector And Ors.
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Badar Durrez Ahmed, J. -
(1.)CM No. 11997/2015.
This is an application seeking amendment of the writ petition. The respondents have no objections. The application is allowed. The amended writ petition is taken on record.
This application stands disposed of.
WP(C) No. 2973/2015 & CM 5323/2015
(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. 10/1987 -88 dated 19.05.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 66/2 measuring 2 bighas 13 biswas in all in village Shayoorpur, New Delhi, shall be deemed to have lapsed.
The stand of the respondents is that physical possession of the said land was taken on 14.07.1987. This is disputed by the petitioner, who claims 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 petitioner 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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