B D JOSHI Vs. LAND ACQUISITION COLLECTOR/A D M
LAWS(DLH)-2018-1-463
HIGH COURT OF DELHI
Decided on January 22,2018

B D Joshi Appellant
VERSUS
Land Acquisition Collector/A D M Respondents




JUDGEMENT

G. S. Sistani, J. - (1.)Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner i.e. Plot No. 34 (New Plot No. 44) admeasuring 100 Sq. Yards comprised in Khasra No. 635 (4-16) situated in the revenue estate of Village Roshanpura, Delhi (hereinafter referred to as 'Subject Land'), has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act'), as neither the compensation has been paid nor the physical possession has been taken.
(2.)In this case, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 07.04.2006. A declaration under Section 6 of the said Act was made on 04.04.2007 and thereafter an award bearing No. 08/2008-09/SW was made on 14.11.2008. The petitioner claims to have purchased the land admeasuring 100 Sq. Yards out of Khasra No. 635 situated in the revenue estate of Village Roshanpura, abadi known as Shyam Vihar, Delhi, based on General Power of Attorney dated 09.12.1997, Agreement to Sell, affidavit, receipt and Will dated 09.12.1997, copies of which have been placed on record.
(3.)Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation &Anr. V. Harak Chand Misiri Mal Solanki &Ors., 2014 3 SCC 183, as neither compensation has been paid nor possession has been taken.
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