RAMJAS FOUNDATION Vs. UNION OF INDIA AND OTHERS
HIGH COURT OF DELHI
UNION OF INDIA AND OTHERS
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S. Ravindra Bhat, J. -
The Petitioner, owner of land measuring 651 Bigha in revenue estate of Village-Sadhora Khurd (now known as Anand Parbat, referred to hereafter as "the suit lands"), Delhi, seeks a direction from this Court, under Article 226 of the Constitution of India, that the lands notified for acquisition, by the appropriate government, have lapsed, by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "the 2013 Act").
(2.)The facts are that Notifications were issued for acquisition of certain lands under section 4 of the Land Acquisition Act, 1894 [hereafter "the old Act"] for planned development of Delhi on 13.11.1959 - these included the suit lands. The petitioner's objection under Section 5A of the old Act did not find favour with the concerned Authority. On 21.11.1977, notifications were issued under Section 6 of the old Act. On 30.03.1977, a writ petition [W.P.(C) 213/1973], filed by the petitioner, challenging the acquisition, was dismissed as withdrawn. W.P.(C) 106/1978 was filed for quashing the notifications issued under Sections 4 and 6 of the old Act and notices issued under Sections 9 and 10 of the old Act and that writ petition was dismissed by the Division Bench of the Delhi High Court by order dated 31.01.1978. On 13.11.1992, Civil Appeal No. 2213/1978 against the order dated 31.01.1978 was dismissed by the Supreme Court. The said judgment is reported as Ramjas Foundation v. Union of India (1993) Supp(2) SCC 20 .
(3.)During 1994-95, physical possession of 87 bighas 13 biswas of land was taken by the Respondents. W.P.(C) 1811/1995 was filed in 1995 by certain tenants of the Petitioner by way of public interest litigation, which sought directions to the authorities to take possession of 730 bighas for implementation of the zonal plan of Zone-B5, which was rendered impossible to implement since the area was heavily built-up, and thickly populated. On 16.11.1995 and 01.03.1997, the petitioners made representations for denotification of the lands under Section 48(1) of the old Act. Again in 1997, they preferred a writ petition, W.P.(C) 4343/1997, seeking disposal of its representation and de-notification of lands. On 19.06.1998 the Respondents took 'Paper possession' of the land measuring 563 Bighas 07 Biswas on "as is where is" basis.
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