ROOP LATA JAIN Vs. GOVT OF NCT OF DELHI & ORS
HIGH COURT OF DELHI
Roop Lata Jain
Govt Of Nct Of Delhi And Ors
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G. S. Sistani, J. -
(1.)With the consent of the parties, the writ petition is set down for final hearing and disposal.
(2.)This is a petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the acquisition proceedings in respect to the land including built up house No.RZ 56-B, Vaishali Colony measuring 408 sq. yds part of Khasra No.27/16, situated in the revenue estate of village Dabri, Delhi (hereinafter referred to as "the subject land") are deemed to have lapsed in view of Section 24 (2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the New Act") as neither physical possession of the land has been taken nor compensation has been paid with respect to the subject land.
(3.)The necessary facts to be noticed for disposal of this writ petition are that Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 27.01.1984. Sections 6 declaration was made on 18.09.1984. An Award bearing no.165/86-87 was rendered on 19.09.1986. Counsel for the petitioner relies on the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., 2014 3 SCC 183 in support of his contention that the acquisition proceedings with respect to the subject land of the petitioner have lapsed.
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