BALWANTI DEVI AND ORS Vs. LAND ACQUISITION COLLECTOR & ANR
HIGH COURT OF DELHI
Balwanti Devi And Ors
Land Acquisition Collector And Anr
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G.S.Sistani, J. -
(1.)This is a petition under Article 226 of the Constitution of India. The petitioners seeks a declaration that the acquisition proceedings in respect of the land comprised in Khasra Nos.1979/742 min. total area measuring 3 bigha (half share) situated in the revenue estate of village Tuglakabad, 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 "2013 Act") as neither possession of the land has been taken nor compensation has been paid.
(2.)The necessary facts to be noticed for disposal of this writ petition are that Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 23.01.1965. Sections 6 declaration was made on 13.1.1969. An Award was rendered on 04.11.1981.
(3.)Counsel for the petitioners submits that between the years 2008 to 2013 the petitioners have been pursuing for grant of compensation but the same has not been paid till date. Counsel submits that in view thereof 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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