Decided on December 12,2017

Baljeet Singh And Ors Appellant
Govt Of Nct Of Delhi And Ors Respondents


G.S.Sistani, J. - (1.)Counter-Affidavit has been handed over in Court by the counsel for the respondent / LAC. Let the same be taken on record. Copy supplied to the counsel for the petitioners.
(2.)With the consent of the parties, present petition is set down for final hearing and disposal. 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 comprised in Khasra nos. 1650/1 (1-00), 1650/2 (3-16), 1651/2 (4-7), 1696/2 (4-7), 1697/1/1 (2-8), 1697/1/2/1 (0-12), 1697/1/2/2 (1-8) and 1697/2 (0-8) measuring 18 Bighas and 6 Biswas situated in the revenue estate of Village Chattarpur, New 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.
(3.)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 November, 1980, Section 6 declaration was made on 7th June, 1985 and thereafter Award bearing No. 15/87-88 was passed by the Land Acquisition Collector on 5th June, 1987. Counsel for the petitioners has drawn the attention of this court to the counter-affidavit filed by respondent / LAC, more particularly, paras 8 and 9 in support of his submission. Learned counsel for the petitioner submits as the possession of the subject land has not been taken nor compensation paid, the case of the petitioners 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.


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