SANTOSH INFRATECH PRIVATE LIMITED Vs. UNION OF INDIA
HIGH COURT OF DELHI
Santosh Infratech Private Limited
UNION OF INDIA
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(1.)THE counter affidavit handed over by Mr Panda/respondent No.2 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit and reiterates the contents of 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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") in respect of which Award No. 14/87 -88 dated 26.05.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 871 (4 -16), 952 min (1 -08) and 952/3 (0 -19) measuring 27 bighas and 6 biswas in all in village Satbari shall be deemed to have lapsed.
(3.)IN so far as Khasra No. 871 is concerned, it is admitted by the respondents that the physical possession of the same could not be taken. As regards the other two Khasra Nos., the stand of the respondents is that physical possession of the said land was taken on 30/09/1987. This is disputed by the petitioner, who claims to be in actual physical possession of the entire subject land.
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").
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