Decided on January 09,2018

VEENA JAIN Appellant
Union of India And Ors Respondents


G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings in respect of an industrial built up property admeasuring approximately 36.33 sq. yds. out of Khasra no.1185/20/2/1, property bearing nos.1/350-A (old), 350-A (new), Gali no.1, Friends Colony Industrial Area, G.T. Road, Shahdara, Delhi (hereinafter referred to as the "subject land") have 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 compensation has not been tendered to the petitioner although the possession has been taken.
(2.)In this case, a notification under section 4 of Land Acquisition Act, 1894 was issued on 14.10.2005, section 6 declaration was made on 05.10.2006 and an award bearing no.1/2008-09 was passed by Land Acquisition Collector (LAC) on 26.07.2008.
(3.)Counter affidavit has been filed by LAC, as per which, possession of the subject land has been taken and compensation has been deposited in the Court of Additional District Judge (ADJ) under sections 30-31 on 22.03.2016 post to coming into force of 2013 Act. Para 8 of counter affidavit filed by LAC reads as under :-
"8. That as regards possession it is humbly submitted that as per possession proceeding report possession of the land in question has been taken 20.02.2010. The fact that physical possession of the land has been taken has been admitted by the petitioner herself in para 8 of the writ petition. So far as compensation amount is concerned, it is humbly submitted that compensation amount has been sent to the court of Additional District Judge under section 30-31 on 22.03.2016 vide cheque No.001732 dated 22.03.2016 of Rs.2,54,44,733/-."


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