ARCHANA GUPTA Vs. THE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI AND ORS.
LAWS(DLH)-2015-7-236
HIGH COURT OF DELHI
Decided on July 14,2015

ARCHANA GUPTA Appellant
VERSUS
The Lt. Governor, National Capital Territory Of Delhi And Ors. Respondents


Referred Judgements :-

EAST END DWELLING CO. LTD. V. FINSBURY BOROUGH COUNCIL: [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [REFERRED TO]


JUDGEMENT

Badar Durrez Ahmed, J. - (1.)THE counter -affidavit handed over by Mr. Yeeshu Jain on behalf of the respondent Nos. 1, 2 & 4 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments made in the writ petition.
(2.)THE petitioner seeks 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, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.
The Award under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') was made vide Award No. 6/2005 -06 dated 12.07.2005 and it was in respect of, inter alia, the petitioner's land comprised in Khasra No. 39/7 admeasuring 1 bigha, in village Pehladpur Banger, New Delhi.

(3.)IT is an admitted position that the physical possession of the subject land has not been taken by the land acquiring agency. However, the learned counsel for the respondents contend that the physical possession could not be taken because of the operation of the stay order passed in W.P.(C) No. 13569/2005. The said order was passed on 06.09.2005 and continued to operate till the dismissal of the said writ petition on 09.07.2007. Thereafter, a Special Leave Petition was filed before the Supreme Court and the Supreme Court granted stay on 03.08.2007 which continued till 11.02.2015 when the said Special Leave Petition was dismissed by the Supreme Court with liberty to the petitioner to file a writ petition seeking the benefit of Section 24(2) of the 2013 Act.
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