AAS MOHAMMAD AND ORS. Vs. GNCT OF DELHI AND ORS.
LAWS(DLH)-2015-2-124
HIGH COURT OF DELHI
Decided on February 09,2015

Aas Mohammad And Ors. Appellant
VERSUS
Gnct Of Delhi And Ors. Respondents




JUDGEMENT

Badar Durrez Ahmed, J. - (1.)MR . Panda, the learned counsel appearing for respondent Nos. 1 & 2, has handed over the counter affidavit, which is taken on record. The learned counsel for the petitioners 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 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. 10/87 -88 dated 14.05.1987 was made, inter alia, in respect of the 1/3rd share of the petitioners' land comprised in Khasra Nos. 109 Min (2 -08), 114 (4 -16), 421 (4 -16) and 450 (5 -06) measuring 17 bighas and 6 biswas in all in Village Sayurpur, New Delhi shall be deemed to have lapsed.
The learned counsel for the petitioners claims that the physical possession of the subject land has not been taken by the land acquiring agencies and that the petitioners continue 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").
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.