SIMRAN CHADHA Vs. GOVT. OF NCT OF DELHI AND ORS.
LAWS(DLH)-2015-5-292
HIGH COURT OF DELHI
Decided on May 26,2015

Simran Chadha Appellant
VERSUS
Govt. of NCT of Delhi and Ors. Respondents




JUDGEMENT

Badar Durrez Ahmed, J. - (1.)THE counter affidavit handed over by Mr. Panda on behalf of the respondent Nos. 1 and 2 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder/affidavit inasmuch all the necessary averments are contained 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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No. 15/1987 -88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 1890/1 (3 -0) measuring 3 bighas in all in village Chattarpur, New Delhi, shall be deemed to have lapsed.
(3.)THE stand of the respondents is that physical possession of the said land was taken on 31.12.2013. This is disputed by the petitioner, who claims to be in actual physical possession of the 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, 2015 (hereinafter referred to as "the said Ordinance").

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.