KHUSHI MOHD Vs. LAND & BUILDING DEPARTMENT & ANR
HIGH COURT OF DELHI
Land And Building Department And Anr
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(1.)Both these writ petitions are being disposed of together as they pertain to the very same land. The petitioners in these cases claim to be the owners of the land in question as also to be in possession thereof. A suit for possession has also been filed by the petitioners in W.P. (C) No. 9529/2015 being CS(OS) No. 2112/2008. That suit was filed much prior to the coming into force 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 01.01.2014.
(2.)Both 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. 14/1987-88 dated 26.05.1987 was made, inter-alia, in respect of the land comprised in Khasra No. 1097 measuring 13 Bighas and 8 Biswas, in all, in Village Satbari, New Delhi, ought to be deemed to have lapsed.
(3.)The stand of the respondents which includes the Land Acquisition Collector and the DDA is that physical possession of the said land was taken on 14.07.1987. This is disputed by the petitioners in these writ petitions. From the suit filed in 2008, which was much prior to the coming into force of the said Act, it appears that the possession is with Khushi Mohd and it is Attar Singh and Jabbar who are claiming possession. Thus, it can only be said that at this stage, the physical possession of the subject land is disputed.
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