RAVI DUTT SHARMA AND ANR Vs. GOVT OF NCT OF DELHI
HIGH COURT OF DELHI
Ravi Dutt Sharma And Anr
GOVT OF NCT OF DELHI
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G. S. Sistani, J. -
(1.)By the present writ petition filed under Article 226 of the Constitution of India, the petitioners seek a declaration that the acquisition proceedings with respect to the land of the petitioners i.e. agricultural land in village Karala in Rectangle No. 37/1 Khasra Nos. 6/1 (0-04), Khasra No. 38/1/2 (2-16), 2/1 (0-7), Khasra No. 38 2/2 (4-9) 3 (4-9), 9/1 (3-16), 10 (4-12), Khasra No. 38/1 9/2 (1-0), 11/2 (4-9), 12/1 (3-16) (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 25.08.2005. A declaration under Section 6 of the said Act was made on 10.07.2006 and thereafter an award was pronounced by the Land Acquisition Collector on 26.05.2008 with respect to 1905 Bighas 05 Biswa of land in Village Karala.
(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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