M/S INSPIRATION ENGINEER PVT. LTD. & ORS Vs. UNION OF INDIA & ORS
LAWS(DLH)-2016-3-1
HIGH COURT OF DELHI
Decided on March 01,2016

M/S Inspiration Engineer Pvt. Ltd. And Ors Appellant
VERSUS
Union of India And Ors Respondents


Referred Judgements :-

SATENDRA PRASAD JAIN AND OTHERS V. STATE OF U. P. AND OTHERS [REFERRED TO]
DELHI AIRTECH SERVICES PVT LTD VS. STATE OF U P [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [REFERRED TO]
LAXMI DEVI VS. STATE OF BIHAR AND ORS. [REFERRED TO]



Cited Judgements :-

GURU NANAK VIDYA BHANDAR TRUST VS. UNION OF INDIA & ORS [LAWS(DLH)-2017-1-11] [REFERRED TO]
RANI DAHIYA VS. UOI AND ORS. [LAWS(DLH)-2017-11-46] [REFERRED TO]


JUDGEMENT

BADAR DURREZ AHMED, J. - (1.)In this writ petition two sets of points have been raised concerning the land acquisition proceedings. One set pertains to the provisions of the Land Acquisition Act, 1894 Act (hereinafter referred to as 'the 1894 Act') and the other set relates to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act').
(2.)Insofar as the 1894 Act is concerned, it is contended on behalf of the petitioners that since the provisions of Section 11A thereof were not complied with and the Award was not made within the stipulated period of two years, the acquisition has lapsed. The other point raised under the 1894 Act is that because of non - compliance of the provisions under Section 17(3A), the acquisition has lapsed. As regards the 2013 Act, it is submitted that, in any event, since compensation has not been paid to the petitioners in respect of the said acquisition, the proviso in Section 24 of the 2013 Act would be applicable and, therefore, compensation would have to be paid to the petitioners under the 2013 Act.
(3.)All these points are controverted by the learned counsel appearing on behalf of the respondents. But, before we advert to the rival contentions, it would be appropriate if we set out the chronology of events. On 16.10.2007, the Notification under Section 4 of the 1894 Act pertaining to, inter alia, the petitioners' land was issued. The said notification reads as under: -
"GOVERNMENT OF N.C.T.OF DELHI

LAND and BUILDING DEPARTMENT

VIKAS BHAWAN NEW DELHI

No. F7(l)/07/L&B/LA/MRTS (W)/10164 Dated: 16.10.2007

NOTIFICATION

Whereas it appears to the Lt. Governor, Delhi that land is likely to be required to be taken by Government at the public expense for a public purpose namely for construction of Kirti Nagar - Ashok Park Corridor of Delhi MRTS Project Phase II. It is hereby notified that the land in the locality described below is likely to be acquired for the above purpose.

The notification is made, under the provisions of Sub -section 1 of Section 4 of the Land Acquisition Act, 1894, to all whom it may concern.

In exercise of the powers conferred by the aforesaid section, the Lt. Governor, Delhi is pleased to authorize the officers for the time being engaged in the undertaking with their servants and workmen to enter upon and survey the land in the locality and do all other acts required or permitted by that section.

The Lt. Governor, Delhi is satisfied also that provisions of sub -section (1) of the section 17 of the said Act are applicable to this land and is further please under sub -section (4) of the said Section to direct that all the provisions of section 5(A) shall not apply.

SPECIFICATION

VILLAGE TOTAL AREA PROPERTY AREA

(Sq. Mtrs.) NO. (SQ. M.)

Basai Darapur 626 Sq. Mtrs. 62, Rama Road, Good 22.0

(Najafgarh Year Tyres

Road) 62, Rama Road, Auto 94.0

Vikas Body Shop

Chevrolet

63, Najafgarh Road, 510.0

Kisan Metals Pvt. Ltd.

BY ORDER AND IN THE NAME OF THE LT. GOVERNOR OF NCT

OF DELHI

DIP/1304/07 -08 Sd/ -

(T.C.NAKH)

ADDL SECRETARY (L&B)"
It is pertinent to mention at this juncture itself that the present petition is concerned with 510 sq. mtrs. of land described as property No. 63, Najafgarh Road.
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