PHOOL KUMAR AND ORS. Vs. UNION OF INDIA AND ORS.
LAWS(DLH)-2015-4-393
HIGH COURT OF DELHI
Decided on April 13,2015

Phool Kumar And Ors. Appellant
VERSUS
Union of India And Ors. Respondents




JUDGEMENT

- (1.)The teamed counsel for the respondent has handed over the counter affidavit on behalf of respondent Nos. 2 & 3. The same is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit inasmuch as the averments contained in the writ petition would be relied upon.
(2.)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. 33/1986-87 dated 19.09.1986 was made, inter alia, in respect of the petitioners' land, comprised in Khasra Nos. 944/2 (2-01) and 959/2 (2-17) measuring 4 bighas and 18 biswas in all, in Village Mahipalpur, New Delhi, shall be deemed to have lapsed.
(3.)In this case, it has been admitted by the concerned Land Acquisition Collector that physical possession of the subject land has not been taken. This is evident from the counter-affidavit filed on behalf of the concerned Land Acquisition Collector. It is, however, contended by the learned counsel for the respondents that the amount of compensation in respect of the same was deposited in the treasury, though the same has not been paid to the land owner nor was it offered to the land owner.
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