ANUP SINGH AND ORS. Vs. GOVT. OF NCT OF DELHI AND ORS.
HIGH COURT OF DELHI
Anup Singh And Ors.
Govt. of NCT of Delhi and Ors.
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Badar Durrez Ahmed, J. -
(1.)THE counter affidavit handed over by the learned counsel appearing on behalf of respondents No. 1 and 2 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit inasmuch as all the necessary averments are contained in the writ petition.
(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. 1/2007 -08 dated 06.08.2007 was made, inter alia, in respect of the petitioners' land, comprised in Khasra Nos. 27//10 (4 -16), 27//11(4 -16), 28//6/1 (2 -2) and 28//15 (4 -06), measuring 16 bighas in all, in village Bamnoli shall be deemed to have lapsed.
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.
(3.)THE learned counsel for the respondents placed reliance on the second proviso to Section 24(2) of 2013 Act, which has been 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"). The newly added proviso reads as under: -
"Provided further that in computing the period referred to in this sub -section, any period or periods during which the proceedings for acquisition of the land were held up on account of any stay or injunction issued by any court or the period specified in the award of a Tribunal for taking possession or such period where possession has been taken but the compensation lying deposited in a court or in any account maintained for this purpose shall be excluded."
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