SATISH KUMAR Vs. GOVT. OF NCT OF DELHI & ORS
LAWS(DLH)-2018-2-14
HIGH COURT OF DELHI
Decided on February 02,2018

SATISH KUMAR Appellant
VERSUS
Govt. Of Nct Of Delhi And Ors 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 petitioner admeasuring 237 sq. yds. out of Khasra no.487/1, situated in the revenue estate of village Kilokri, Tehsil Mehrauli, Delhi (hereinafter referred to as the "?subject land "?) stand lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "?2013 Act "?) as neither possession has been taken nor compensation has been paid to the petitioner.
(2.)In this case, a notification under section 4 of Land Acquisition Act, 1894 ( "?the Act "? in short) was issued on 13.11.1959 and a declaration under sections 6 of the Act was made on 27.07.1961. Thereafter, an award bearing no.215/86-87 was passed on 19.09.1986.
(3.)Counsel for the petitioners has placed reliance upon a decision rendered by Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors ., reported at (2014) 3 SCC 183, in support of his plea that since the compensation has not been tendered, the case of the petitioner would be covered by the aforesaid decision.
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