OM PRAKASH & ORS Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Om Prakash And Ors
Union of India And Ors
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(1.)The counter affidavit on behalf of respondent Nos. 3 & 4 has been handed over by Mr Panda. The same is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments made in the writ petition.
(2.)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.22/2005-06 dated 02.01.2006 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 55/16 (04-16) measuring 4 bighas 16 biswas in all in village Karala, Delhi be deemed to have lapsed.
(3.)Though the respondents claimed that possession of the said land was taken on 23.02.2007, the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.
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