RAM PRAKASH MITTAL & ANR Vs. UOI & ORS
LAWS(DLH)-2016-9-441
HIGH COURT OF DELHI
Decided on September 30,2016

Ram Prakash Mittal And Anr Appellant
VERSUS
Uoi 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 proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award Nos. 18/2000-01 & 24/2005-06 dated 12.03.2001 & 03.02.2006, respectively, were made, inter alia, in respect of the petitioners' land, falling in Khasra Nos. 80 Min and 79 Min, measuring 4 bigha and 7 biswa in all in Village Bhalswa - Jahangirpur, Tehsil Model Town (North - West District), Delhi, be deemed to have lapsed.
(2.)The petitioners impugn the acquisition proceedings initiated by the respondents in respect of land owned by the petitioners being Khasra No.79 min (3-03) and Khasra No.80 min (1-04) in Village Bhalswa Jahangirpur, Delhi, pursuant to notifications under Sections 4 and 6 of the 1894 Act dated 04.03.2003 & 04.02.2004 respectively.
(3.)The respondent nos. 2 to 4 have claimed that possession of the land acquired under Khasra No. 79 Min (6-06) and Khasra No. 80 Min (4-16), was taken on 26.04.2008 and 03.11.1999 respectively. This is, however, disputed by the petitioners, who claim to be in actual physical possession of the subject land.
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