CHET RAM & ORS. Vs. LAND ACQUISITION COLLECTOR SOUTH
LAWS(DLH)-2017-7-237
HIGH COURT OF DELHI
Decided on July 18,2017

Chet Ram And Ors. Appellant
VERSUS
Land Acquisition Collector South Respondents




JUDGEMENT

S.P. Garg, J. - (1.)In the instant writ petition, the petitioners claim themselves to be recorded owners of the land of Khasra No. 754(8-0) measuring 8 bighas situated in the Revenue Estate of Village Tughlaqabad, Delhi. The petitioners claim is that acquisition of their lands (hereinafter referred to as 'suit land') has lapsed by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act').
(2.)The necessary facts are that a notification under section 4 of the Land Acquisition Act, 1894 (old Act) was issued on 23.01.1965; it included the suit land. A declaration was issued under Section 6 on 13.01.1969. The award bearing No.50A/SUPP./69-70 dated 04.11.1981 was made by the Land Acquisition Collector.
(3.)The petitioners aver that pursuance to the award, neither physical possession of the suit land was taken over by the respondents nor any compensation in respect thereof was ever paid or tendered. Relying upon Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors., 2014 (3) SCC 183 , counsel urged that the acquisition has lapsed since five year period indicated in Section 24(2) of the Act has ended.
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