Decided on August 09,2016

Shyami And Ors Appellant
Union of India And Ors Respondents


- (1.)The counter affidavit has been handed over by Mr Yeeshu Jain. The same is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit inasmuch as necessary averments have been made in the writ petition.
(2.)By way of this writ petition the petitioners are seeking 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. The petitioners, consequently, seek 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.29/87-88 dated 07.01.1988 was made, inter alia, in respect of the petitioners' land comprised in Khasra No. 1100 (1-18) measuring 1 bighas 18 bishwas (only to the extent of 1/3rd share) in Village Tughlakabad shall be deemed to have lapsed.
(3.)It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioners. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-
(i) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183;

(ii) Union of India and Ors v. Shiv Raj and Ors, 2014 6 SCC 564;

(iii) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014; and

(iv) Surender Singh v. Union of India and Ors.: W.P.(C) 2294/2014 decided 12.09.2014 by this Court.


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