SHIV DUTT SHARMA Vs. GOVT OF NCT OF DELHI
HIGH COURT OF DELHI
SHIV DUTT SHARMA
GOVT OF NCT OF DELHI
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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 his 1/2nd share i.e. 2 Bighas and 14 Biswas comprised in Khasra No. 414 (5-8), situated in the revenue estate of village Ghonda Gujran Khadar, 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 physical possession of the 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 'Act') was issued on 24.10.1961 and a declaration under Section 6 was made on 009.1966. Thereafter, an Award bearing no.9/1973-1974 was passed on 05.07.1973 with respect to the subject land.
(3.)The counsel for the petitioner submits that since the physical possession of the land has not been taken and compensation in respect thereof has not been paid, the petitioner would be entitled to a declaration under Section 24 (2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the New Act'). Counsel for the petitioner has drawn the attention of the Court to the Counter Affidavit filed by LAC wherein it has been categorically stated that the compensation has not been paid to the recorded owner.
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