PREM SINGH & ANR Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
Prem Singh And Anr
Union of India And Ors
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G.S.Sistani, J. -
(1.)By the present petition, filed under Article 226 of the Constitution of India, petitioners seek a declaration that the acquisition proceedings with respect to the land of the petitioners being 404 Sq. Yds., 101 Sq. Yds. and 200 Sq. Yds. comprised in Khasra No. 554/214 measuring 2 bighas and 12 biswas situated in the revenue estate of Village-Jasola, New Delhi (hereinafter referred to as 'subject land') are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New Act), as neither possession of the subject land has been taken nor compensation has been paid. In this case, notification under Section 4 of the Land Acquisition Act, 1894 was issued on 6th April, 1964, Section 6 notification was issued on 7 th December, 1966 and Award bearing no. 6D/SUPP/86-87 was made on 19th September, 1986. Counsel for the petitioner placed reliance on Paras 14 to 20 of the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183 and decisions rendered by this Court from time to time in support of his submissions. Counsel for the petitioners has also drawn the attention of the Court to the counter-affidavit filed by the respondent / LAC, more particularly, Para 6 which reads as under:-
(2.)Counsel for the petitioner has also drawn the attention of the Court to a judgment passed by another Division Bench of this Court in W.P.(C) 8196/2015 titled as Aman Singh v. Union of India and Ors. to show that acquisition proceedings with respect to 845 Sq. Yds. of land in the same village, i.e., Jasola and same Khasra Number already stands lapsed.
(3.)We have heard the learned counsel for the parties and considered their rival submissions. Having regard to the clear stand taken by the LAC that compensation has not been tendered to the petitioner, the case of the petitioner fully covered by the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr..
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