VED PRAKASH TYAGI AND ANR. Vs. LAND ACQUISITION COLLECTOR AND ANR.
LAWS(DLH)-2017-12-482
HIGH COURT OF DELHI
Decided on December 18,2017

Ved Prakash Tyagi And Anr. Appellant
VERSUS
Land Acquisition Collector And Anr. Respondents




JUDGEMENT

G.S.SISTANI,J. - (1.)Notice was issued in this matter on 05.01.2016. Time was granted to the parties to file the counter affidavits. Counter affidavit has not been filed by the LAC despite final opportunity having been granted on 10.04.2017. Counsel for the petitioners submits that no useful purpose would be achieved in adjourning the matter in view of the categorical stand taken by the Delhi Metro Rail Corporation Ltd.(for short "DMRC"), respondent no.3 in its counter affidavit that the land in question is no longer required by them and, in fact, they have written to the Divisional Commissioner, SDM/LAC and all the concerned authorities for de-notification of the land vide its letter dated 11.08.1999.
(2.)We find force in the submission made by the learned counsel for the petitioners. With the consent of the parties, the writ petition is set down for final hearing and disposal.
(3.)This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioners seek a declaration that the acquisition proceedings with respect to the land of the petitioners comprised in Khasra nos.60/1(0-10), 2/1(0-12), 9/1(0-12), having 1/8th share, situated in Holambi Kalan, Delhi (hereinafter referred to as the "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 neither the compensation has been paid to the petitioners nor the possession has been taken.
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