TEJPAL Vs. GOVT OF NCT OF DELHI AND ORS
HIGH COURT OF DELHI
Govt Of Nct Of Delhi And Ors
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G.S.Sistani, J. -
(1.)With the consent of the parties, present petition is set out for final hearing and disposal.
(2.)Petitioners seek a writ, order or direction that the entire acquisition proceedings in respect of the property bearing Plot Nos. 13, 14 and 15 measuring 555 sq. yards part of Khasra Nos. 624 and 625, situated in the Revenue Estate of Village Roshanpura Colony known as Shyam Vihar, Najafgarh, New 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 (New Act).
(3.)It is the case of the petitioners that neither compensation has been paid to the petitioners nor possession has been taken. While relying on Paras 14 to 20 of the judgment of the Supreme Court of India in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183, Mr. B.S. Mann, learned counsel for the petitioner contends that declaration so prayed may be granted. Mr. Maan further submits although counter-affidavit has not been filed by the LAC, but the facts are similar to W.P.(C) No. 4255/2016 titled Parshotam Joshi v. Govt. of NCT of Delhi and Ors. wherein, it has categorically been stated that possession of the land in question has not been taken nor there is an entry in the Award file whether the compensation amount was sent to the Court of Additional District Judge under Section 30 & 31 of the Land Acquisition Act. That apart, it is his submission that in Parshotam Joshi's case, an objection has been raised with regard to the maintainability of this petition by the respondent on the ground that the subject land vests in the Gaon Sabha.
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