CHATTAR SINGH & ORS Vs. UNION OF INDIA & ORS
HIGH COURT OF DELHI
CHATTAR SINGH AND ORS
Union of India And Ors
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G. S. Sistani, J. -
(1.)With the consent of the parties, the present writ petition is set down for final hearing and disposal.
(2.)The petitioner claims to be the owner of the land bearing Khasra No. 36 (01-10), 37 (02-14), 138 (03-09) and 139 (01-00), measuring 8 Bighas and 13 Biswas falling in Village Kotla, Shahdara, Delhi-110091. It is the case of the petitioner that the acquisition proceeding with respect to the land stands lapsed as neither the compensation has been paid nor possession has been taken. Learned counsel for the petitioner relying upon the Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183, submits that the acquisition would stand lapsed.
(3.)Counter affidavit has been filed on behalf of LAC and copy of the same has been handed over to learned counsel for the petitioner. Mr.Jain, learned counsel for the LAC submits that on account of an apportionment dispute, the compensation for various khasra numbers was sent to the Reference Court under Section 30-31 of Land Acquisition Act, 1894. He further submits that the possession of the subject land however, could not be taken as per the record.
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