MAYA DEVI AND ORS. Vs. GOVERNMENT OF NCT OF DELHI AND ORS.
LAWS(DLH)-2015-7-115
HIGH COURT OF DELHI
Decided on July 14,2015

Maya Devi And Ors. Appellant
VERSUS
Government Of Nct Of Delhi And Ors. Respondents




JUDGEMENT

Badar Durrez Ahmed, J. - (1.)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. 39/1980 -81 dated 09.07.1980 was made, inter alia, in respect of the petitioners' land, comprised in Khasra No. 117/2 (5 -04) measuring 5 bighas and 4 biswas in all, in village Ziauddinpur, Delhi, shall be deemed to have lapsed.
(2.)IN this case, we find that khasra No. 117 comprises of 43 bighas and 13 biswas of land. Admittedly, possession of 29 bighas and 12 biswas has been taken by the land acquiring agency leaving 14 bighas and 1 biswa of land out of this khasra number, of which possession has not been taken. It is the case of the petitioner that 5 bighas and 4 biswas of land, for which this writ petition has been filed, falls within the said 14 bighas and 1 biswa of land, of which possession has not been taken. It is, therefore, clear that the present petition is confined to 5 bighas and 4 biswas of land, of which possession has not been taken. Insofar as compensation is concerned, it is the case of the respondents that it has been deposited in the treasury, though the same has not been paid to the petitioners nor had it been offered to the petitioners. The learned counsel for the respondents placed reliance on the second proviso to Section 24(2) of the 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)

(3.)ON a plain reading of the proviso, it is evident that its purpose is to compute the period of five years referred to in Section 24(2) of the 2013 Act. Certain periods are to be excluded in computing the said period referred to in Section 24(2) of the 2013 Act. The periods to be excluded are:
(1) the 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

(2) the period specified in the Award of a Tribunal for taking possession; or

(3) such period where possession has been taken but the compensation is lying deposited in a court or in any designated account maintained for this purpose.

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