AMARJEET SINGH AND ORS Vs. LAND ACQUISITION COLLECTOR (SOUTH) AND ANR
HIGH COURT OF DELHI
Amarjeet Singh And Ors
Land Acquisition Collector (South) And Anr
Click here to view full judgement.
(1.)The DDA had filed a review application claiming that it was not made a party to the earlier proceedings. That review application was allowed on the sole ground that the DDA had not been made a party and the counsel for the DDA was obviously not heard before the judgment dated 08.12.2014 was delivered. That is how the matter has come up before this Bench. We have heard the learned counsel for the parties including the learned counsel for the DDA. The review petition filed on behalf of the DDA is treated as its counter affidavit.
(2.)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. 18/1987-88 dated 05.06.1987 was made, inter alia, in respect of the petitioners land comprised in Khasra Nos. 2206/1046/2/1 (8-00), 2206/1046/2/2 (20-13), 2208/1046 (3-14), 2207/1046/2 (11-10), 2207/1046/2/2 (28-02) and 2207/1046/2/3 (24-16) measuring 96 bighas and 15 biswas in all in village Tughlaqabad shall be deemed to have lapsed.
(3.)The respondents claim that possession in respect of 38 bighas out of the said lands was taken on three separate dates, namely, 06.06.2013, 31.07.2013 and 31.12.2013. In respect of the balance land, it is an admitted position that possession was not taken. However, the petitioners maintain that physical possession of the entire land is with them and it has not been taken over by the land acquiring agency. Insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.
Copyright © Regent Computronics Pvt.Ltd.