Decided on December 20,2017

Gian Singh And Anr Appellant
Union Of India And Anr Respondents


G. S. Sistani, J. - (1.)This is a petition under Artic le 226 of the Constitution of India. The petitioners seek a declaration that the acquisition proceedings in respect of the land comprised in Khasra No.2528/1229 (12 bighas 11 biswas) and Khasra no.1223 (8 bighas and 16 biswas) wherein the petitioners are having 1/6th share, situated in the revenue estate of village Mehrauli, New Delhi (hereinafter referred to as "the subject land") are deemed to have lapsed in view of Section 24 (2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the New Act") as compensation has not been paid and the physical possession has not been taken.
(2.)The necessary facts to be noticed for disposal of this writ petition are that a Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 23.01.1965. Section 6 declaration was made on 07.12.1966. Thereafter an Award bearing No.80-E/70-71 (supp) was rendered in the year 1981.
(3.)Learned counsel for the petitioners has drawn the attention of the Court to para 4A of the counter affidavit filed by the LAC in support of his submission that the compensation was not tendered to the petitioners but is lying deposited in RD. A counter affidavit has also been filed by the DDA according to which, part of the land has been transferred to Horticulture Department and part of the land is to be used for S.F.S. Flats. Counsel for the petitioner submits that the land is lying vacant and the same has not been put to use despite Section 4 notification issued as far back as in the year 1965, although it is claimed that possession was taken in the year 1981. Learned counsel for the petitioners submits that the case of the petitioners would be fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183.

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