N.S. VASISHT Vs. UNION OF INDIA AND OTHERS
HIGH COURT OF DELHI
UNION OF INDIA AND OTHERS
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BADAR DURREZ AHMED,J. -
(1.)W.P.(C) 7731/2015 and CM No. 15157/2015 (Stay)
The counter-affidavit handed over by Mr. Siddharth Panda, the learned counsel for the respondent Nos. 4 & 5, is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder-affidavit and reiterates the contents of the writ petition in response to the averments made in the counter-affidavit.
(2.)By way of this writ petition, the petitioner seeks the benefit of Sec. 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. 15/1987-88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land, comprised in Khasra Nos. 1500 (4-16) and 1501/2(4-07) measuring 9 bighas and 3 biswas in all, in village Chattarpur, New Delhi, shall be deemed to have lapsed.
(3.)In this case, it has been admitted by the concerned Land Acquisition Collector that physical possession of the subject land has not been taken. This is evident from the counter-affidavit filed on behalf of the concerned Land Acquisition Collector. It is, however, contended by the learned counsel for the respondents that the amount of compensation in respect of the same was deposited in the treasury, though the same has not been paid to the land owner nor was it offered to the land owner.
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