I.S. DYE STUFF INDUSTRIES LTD. Vs. UOI AND ORS.
LAWS(DLH)-2015-2-420
HIGH COURT OF DELHI
Decided on February 09,2015

I.S. Dye Stuff Industries Ltd. Appellant
VERSUS
Uoi And Ors. Respondents





Cited Judgements :-

RAJIV KUMAR VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-8-187] [REFERRED TO]


JUDGEMENT

Badar Durrez Ahmed, J. - (1.)THE learned counsel for respondent No. 4, Mr. Yeeshu Jain, has handed over the counter affidavit, which is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit as all the necessary averments are contained in the writ petition itself.
(2.)BY way of this writ petition 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. The petitioner, consequently, seeks 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. 10/87 -88 dated 19.05.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 273 (4 -16) and 283 (4 -16) measuring 9 bighas and 12 biswas in all in Village Sayurpur, Delhi shall be deemed to have lapsed.
The learned counsel for the petitioner claims that the physical possession of the subject land has not been taken by the land acquiring agencies and that the petitioner continues to be in physical possession. This fact is, however, disputed by the learned counsel for the respondents, who states that the possession was taken over on 14.07.1987.

(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, 2014 (hereinafter referred to as "the said Ordinance").
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