Decided on November 06,2017

Raj Kumari Khandelwal And Anr Appellant
Union of India And Ors Respondents


G.S.Sistani, J. - (1.)With the consent of counsel for the parties, present writ petition is set down for final hearing and disposal.
(2.)By way of this petition filed under Article 226 of Constitution of India, the petitioners seek a direction to declare the entire acquisition proceedings with respect to 1/3rd share of the petitioners in the land comprising of 30 bighas 18 biswas situated in Khasra nos.1372/2 (1-4), 1376/3 (1-5), 1377 (5-12), 1378 (0-10), 1379 (4-1), 1380 (4-16), 1381/1 (2- 13), 1522 (4-16), 1523/1 (3-14) & 1732/1 (2-4), in the Revenue Estate of village Malikpur Kohi @ Rangpuri, New Delhi, acquired for public purposes namely 'Planned Development of Delhi' under the Land Acquisition Act,1894 to have lapsed in view Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (hereinafter referred to as 'New Act'). Learned counsel for the petitioners submits that in this case, two notifications under Sections 4 and 6 of Land Acquisition Act, 1894 were issued on 23.01.1965 and 26.12.1968 and award was made on 30.03.1981. Counsel contends that father of the petitioners Shri Jagnnath expired on 02.05.1969 and, thus, the land was inherited by the present petitioners.
(3.)Learned counsel for the petitioners has drawn the attention of this Court to the counter affidavit filed by respondent no.5 Land Acquisition Collector wherein it has been admitted that the compensation has been sent to RD. Counsel for the petitioners submits that the amount was not tendered to the petitioners, which is mandatory requirement and deposit of amount in RD would not absolve the respondents of their onus in making the payment. To support his submission, learned counsel has placed reliance in the case reported as , Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183

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