SHAMO Vs. GOVT OF NCT OF DELHI AND ORS
HIGH COURT OF DELHI
Govt Of Nct Of Delhi And Ors
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G.S.Sistani, J. -
(1.)This is a petition filed under Article 226 of the Constitution of India filed by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No.281/4 (10-11), 282/4 (10-3) and 80(2-8) total area measuring 23 Bighas and 2 biswas having 1/12th share measuring 01 bigha and 19 biswas and 03 biswasi situated in the revenue estate of village Ghari Mandu, Shahdara, Delhi (hereinafter referred to as 'subject land') is 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 the compensation has not been tendered to the petitioner.
(2.)Necessary facts to be noticed for disposal of this writ petition are that the husband of the petitioner late Sh. Ram Pal was the son of late Sh. Harkesh who was the recorded owner of the agricultural land forming part of Khasra No.281/4 (10-11), 282/4 (10-3) and 80(2-8) total area measuring 23 Bighas and 2 biswas having 1/12th share measuring 01 bigha and 19 biswas and 03 biswasi situated in the revenue estate of village Ghari Mandu, Shahdara, Delhi. A copy of the Khata Khatoni wherein name of Sh. Harkesh has been mentioned has been placed on record. A Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued on 23.06.1989, a Section 6 notification of the Act was issued on 20.06.1990 and an award bearing no. 13/92-93 was passed on 19.06.1992.
(3.)Although, it is the case of the petitioner that physical possession of the land has not been taken, during the course of hearing learned counsel for the petitioner submits that the petitioner would only seek compensation in terms of Section 24 (2) of the New Act, in view of the stand taken by the respondents in the counter-affidavits filed. Learned counsel for the petitioner while relying on the decision rendered in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183, submits that the petitioner is entitled to a declaration qua 1/12th share of the subject land that the acquisition proceedings with respect to the land of the petitioner stand lapsed.
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