RANBIR SINGH DAGAR AND ORS Vs. GOVT OF NCT OF DELHI AND ORS
LAWS(DLH)-2016-9-387
HIGH COURT OF DELHI
Decided on September 20,2016

Ranbir Singh Dagar And Ors Appellant
VERSUS
Govt Of Nct Of Delhi And Ors Respondents




JUDGEMENT

- (1.)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. 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. 23/1987-88 dated 17.06.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos.7 (2-06), 813/251 (2- 13), 258 (1-16) and 457 (6-01) measuring 12 bighas 16 biswas in all in village Maidan Garhi, New Delhi, shall be deemed to have lapsed.
(2.)The stand of the respondents is that possession of khasra 258 min was taken to the extent of 1 bigha 6 biswas out of 1 bigha 16 biswas.
Therefore, admittedly possession of 10 biswas out of this khasra number was not taken. In respect of the balance land, the respondents contend that possession was taken on 16.07.1987 and 12.11.1987. This is, however, disputed by the petitioners who claim that actual physical possession of the entire land is with them. Insofar as the question of compensation is concerned the same has not been paid to the petitioners as contended by them. But, according to the respondents the same has been deposited in the treasury.

(3.)Without going into the controversy with regard to the physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid to the petitioners, but has only been deposited in the treasury, which does not amount to payment of compensation as interpreted by the Supreme Court in Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183.
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