DEWAN CHAND PRUTHI Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
DEWAN CHAND PRUTHI
Union of India And Ors
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G. S. Sistani, J. -
(1.)This is a petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings are liable to lapse with respect to the land bearing Khasra No. 1566 admeasuring 4 Bigha and 16 Biswas situated in the revenue estate of Village Chattarpur, Tehsil Mehrauli, New Delhi (hereinafter referred to as 'Subject Land'), 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 possession has been taken.
(2.)In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 25.11.1980 followed by a declaration under Section 6 of the Act made on 07.06.1985 and an award No. 14/87-89 was made on 26.05.1987.
(3.)The attention of this Court has drawn to the counter affidavit filed by LAC as per which neither possession of the subject land was taken nor the compensation has been tendered to the petitioner but sent in RD. While relying on the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183, learned counsel for the petitioner submits that since compensation was not tendered to the petitioner, the acquisition proceedings with respect to the land of the petitioner would stand lapsed.
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