PARMOD SINGH Vs. GOVT OF NCT OF DELHI & ORS
HIGH COURT OF DELHI
Govt Of Nct Of Delhi And Ors
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(1.)By way of this writ petition, the petitioner seeks 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').
(2.)This case has a long drawn history inasmuch as initially the petition was filed on 27.06.2001 challenging the acquisition proceedings under the Land Acquisition Act, 1894. The Section 4 notification was issued on 15.09.2000 which was followed by the Section 6 declaration under the 1894 Act on 17.04.2001. The emergency provisions of Section 17 of the 1894 Act had also been invoked.
(3.)It is the case of the petitioner that possession of the subject land which are comprising of Khasra No.352 (4-16) in Village Bhalswa Jahangirpur, Delhi is with the petitioner. At this juncture itself, we may point out that in terms of the notification under Section 4 of 1894 Act the extent of the land in question was indicated as 4 bighas 16 biswas, however, the Section 6 declaration was only in respect of 4 bighas. This, therefore, means that there was no surviving acquisition proceeding in respect of 16 biswas and the present writ petition pertains only to the remaining 4 bighas of land.
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