Decided on December 11,2017

Union of India And Ors Respondents


G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to 1/8th share of the petitioner (wrongly mentioned as full share) in the land comprised in Khasra no. 2640/742 (01-06), 770 (0-18), 886(01-09), 1201/1 (01-05) total area measuring 5 Bighas and 8 Biswas and 5/456th share of the petitioner (wrongly mentioned as 40/456th share) in the land comprised in Khasra No. 739 (22-14) situated in the revenue estate of Village - Tughlakabad, Delhi (hereinafter referred to as 'subject land'), are deemed to have lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither compensation has been paid nor possession has been taken over.
(2.)The necessary facts to be noticed for disposal of this writ petition are that Section 4 notification of the Land Acquisition Act, 1894 was issued on 25th January, 1965, Section 6 declaration was made on 13th February, 1969 and thereafter Award bearing No. 50A/69-70 was rendered by the Land Acquisition Collector on 4th November, 1981. Counsel for the petitioner has drawn the attention of this court to Para 6 of the counter-affidavit filed by respondent / LAC. Learned counsel for the petitioner submits as the possession of the subject land has not been taken nor compensation paid, the case of the petitioner fully covered by the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misirimal Solanki & Ors, 2014 3 SCC 183 and other decisions as detailed below to submit that the acquisition proceedings would lapse:
(1) Union of India and Ors v. Sshiv Raj and Ors., 2014 6 SCC 564;

(2) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors, Civil Appeal no.8700/2013 decided on 10.09.2014;

(3) Surender Singh v. Union of India & Others, W.P.(C).2294/2014 decided on 12.09.2014 by this Court; and

(4) Giri Chhabra v. Lt. Governor of Delhi and Ors; W.P.(C).2759/2014 decided on 12.09.2014 by this Court.

(3.)Counsel for the respondent / LAC submits that possession of the land was taken over on 23rd November, 1981 and on 2nd September, 2006. However, as per the Naksha Muntazameen, the payment of compensation with respect to the above land was not paid due to dispute and the petitioner was only having 1/114th share in the above khasra numbers. Mr. Arun Birbal, counsel for the DDA submits that the land has been taken over and handed over to the Horticulture Department.

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