MUKESH DAGAR AND OTHER Vs. UNION OF INDIA AND OTHERS
LAWS(DLH)-2017-11-427
HIGH COURT OF DELHI
Decided on November 14,2017

Mukesh Dagar And Other Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents




JUDGEMENT

G.S.SISTANI,J. - (1.)This is a petition filed under Article 226 of Constitution of India by the petitioners seeking a direction that the acquisition proceedings in respect of land measuring 2 bighas and 6 biswas (approx.) comprised in Khasra Nos. 462(3-17), 464(7-06), 465(0-19), 480 Asal (7-07), 480 min. (0-09), 481 (6-18), 486(1-19), min. 463(0-10), min. 463(4-06), 2289/469 (4-0), 2290/469 (2-15), min. 479(7-01), min.479(0-06) total (47-13), situated in the revenue estate of village Khirki, Tehsil Saket, NCT of Delhi (hereinafter referred to as the 'subject land'), to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (hereinafter referred to as 'New Act'). It is the case of the petitioners that the subject land has been inherited by the petitioners from their forefather, Shri Pokhar Singh, who had 7/84 share in the aforesaid total land of 47 bighas 13 biswas. Counsel for the petitioners contends that neither possession of subject land has been taken nor compensation paid. Attention of the Court is invited by counsel for the petitioners to the stand taken by LAC in para 10 of its counter affidavit to show that the compensation has not been paid. Counsel relies on the judgment of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., reported at (2014) 3 SCC 183 .
(2.)Per contra, learned counsel for the DDA and LAC dispute the statement made by the petitioners that petitioners are in possession of the subject land. Learned counsel appearing for the respondent-DDA submits that part possession of the subject land could not be taken as the area was built up, which fact has also been averred in para III of the counter affidavit. Counsel for the respondent-LAC submits that on account of non-availability of record, it cannot be said that the compensation has not been paid to the petitioners.
(3.)We have heard learned counsel for the parties and considered their rival submissions. Section 24(2) of New Act reads as under:-
"24 (2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has been taken or the compensation has been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:

Provided that where an award has been made and compensation in respect of a majority of land holding has been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act."

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