SURYA SOLANKI Vs. UNION OF INDIA AND ORS.
LAWS(DLH)-2017-8-250
HIGH COURT OF DELHI
Decided on August 10,2017

Surya Solanki Appellant
VERSUS
Union of India And Ors. Respondents




JUDGEMENT

S.P.GARG, J. - (1.)The petitioner claims himself to be recorded owner of the land of Khasra No.39/16 (02-16) measuring 2 bighas and 16 biswa situated in the Revenue Estate of Village Barwala, Delhi (hereinafter referred to as 'suit land'). The petitioner's claim is that acquisition of suit land has lapsed by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act').
(2.)The necessary facts are that a notification under Section 4 of the Land Acquisition Act, 1894 (old Act) was issued on 21.03.2003; it included the suit land. A declaration was issued under Section 6 on 19.03.2004. The award bearing No.12/2005-06 was subsequently made by the Land Acquisition Collector.
(3.)The petitioner avers that pursuant to the award, physical possession of the suit land was never taken over by the respondents and no compensation in respect thereof was ever paid or tendered. Relying upon Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors., 2014 (3) SCC 183 , counsel urged that the acquisition has lapsed since five year period indicated in Section 24(2) of the Act has ended.
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