MAYA DEVI AND ORS Vs. UNION OF INDIA AND ORS
HIGH COURT OF DELHI
Maya Devi And Ors
Union of India And Ors
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G.S.Sistani, J. -
(1.)This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to the land of the petitioners measuring 3 biswas comprised in Khasra No. 416/2 min situated in Village-Mundka, Delhi (hereinafter referred to as the 'subject land') stand lapsed.
(2.)At the oral request of counsel for the petitioners, which is not opposed, North Delhi Municipal Corporation is impleaded as a party to the writ petition being the beneficiary of the land. Let the amended memo of parties be filed during the course of the day.
(3.)Counsel for the petitioner submits that Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 23rd March, 2010 followed by declaration under Section 6 & 17 on 7 th April, 2010 and thereafter Award bearing no. 04/DC(W)/2011-12 was made on 26th March, 2012. Counsel for the petitioners submits that although the possession of the subject land has been taken, however no compensation has been tendered to the petitioners. Thus the case of the petitioner would be covered by the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183. She also relies on Paragraphs 6 and 7 of the counter-affidavit filed by respondent LAC in support of her submissions that the compensation has not been disbursed to the interested persons. Counsel further submits that since the possession of the land has been taken, she only presses for compensation in terms of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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