JAI DUTT Vs. GOVT OF NCT OF DELHI & ANR
HIGH COURT OF DELHI
Govt Of Nct Of Delhi And Anr
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(1.)The counter affidavit handed over by Mr Yeeshu Jain on behalf of LAC is taken on record. The learned counsel for the petitioner does not wish to file the rejoinder affidavit as he is relying on the averments already made in the writ petition.
(2.)By way of this writ petition the petitioner is seeking 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 petitioner, consequently, seeks 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. 4/1999-2000 dated 22.07.1999 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 58/9(2-14), 12/1(1-11), 13/1(0-10) and 13/2(2-00) measuring 6 bighas and 15 biswas in village Khera Khurd, Delhi, shall be deemed to have lapsed.
(3.)It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioner. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-
(i) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183;
(ii) Union of India and Ors v. Shiv Raj and Ors, 2014 6 SCC 564;
(iii) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;
(iv) Surinder Singh vs. Union of India and Ors.: W.P.(C) 2294/2014 decided 12.09.2014 by this Court.
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