SUKHBIR SINGH & ORS Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Sukhbir Singh And Ors
Union of India And Ors
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(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, which is the subject- matter of the present petition, ought to be deemed to have lapsed in view of the Section 24(2) of the 2013 Act.
(2.)The number of the award is 80-E/1970-71 (Suppl.) and is dated 09.01.1981. It is in respect of, inter alia, the petitioners' land comprised in Khasra No.430 (old number being khasra no. 2566/1170/2) measuring 11 bighas 6 biswas in village Mehrauli, Delhi. Admittedly, physical possession of the subject land was taken on 23.09.1981. The said land has to be utilized for an electric sub-station as also for a residential scheme. Admittedly, compensation has not been paid to the petitioners.
(3.)Although physical possession of the subject land has admittedly been taken, compensation has not been paid to the petitioners and the award was made more than five years prior to the commencement of the 2013 Act. Consequently, all the necessary ingredients of Section 24(2) of the 2013 Act, as interpreted by the Supreme Court and this Court in the following decisions, stand satisfied:-
(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183;
(2) Union of India and Ors v. Shiv Raj and Ors, 2014 6 SCC 564;
(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors, 2015 3 SCC 353;
(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and
(5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.
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