SHIV KUMAR Vs. LAND ACQUISITION COLLLECTOR
LAWS(DLH)-2018-2-142
HIGH COURT OF DELHI
Decided on February 01,2018

SHIV KUMAR Appellant
VERSUS
Land Acquisition Colllector Respondents




JUDGEMENT

G. S. Sistani, J. - (1.)This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land of the petitioners measuring 450 Sq. yards comprised in Khasra No. 140/2, situated in the revenue estate of village Dhichaun Kalan, Delhi (hereinafter referred as the 'Subject Land') stand 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 actual physical possession of the subject land has been taken nor compensation has been paid to the petitioner.
(2.)In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 07.04.2006 and a declaration under Section 6 of the Act was made on 04.04.2007. Thereafter, an Award bearing No. 10/08-09 was passed on 25.12.2008.
(3.)Learned counsel for the petitioner submits that since the compensation has not been tendered to the petitioner and the actual physical possession of the subject land has not been taken, the case of the petitioner would be fully covered by Pune Municipal Corporation &Anr. v. Harakchand Misirimal Solanki &ors., 2014 3 SCC 183.
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