MOHD RAHISH Vs. GOVT OF NCT OF DELHI
HIGH COURT OF DELHI
GOVT OF NCT OF DELHI
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G.S.Sistani, J. -
(1.)Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land admeasuring 150 Sq. Yards within Khasra No. 487/1 situated in the revenue estate of Village Kilokri, Tehsil Mehrauli, Delhi (hereinafter referred to as "Subject Land"), has 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 the compensation has been paid nor the physical possession has been taken.
(2.)In this case, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 13.11.1959. A declaration under Section 6 of the said Act was made on 27.07.1961 and thereafter an award bearing No. 215/86-87 was made on 17.09.1986. The petitioner claims to have purchased the land admeasuring 150 Sq. Yards out of Khasra No. 487/1 situated in the revenue estate of Village Kilokri, Tehsil Mehrauli, Delhi, based on two General Power of Attorneys, Will, affidavits and receipt, copies of which have been placed on record.
(3.)Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation &Anr. V. Harak Chand Misiri Mal Solanki &Ors., 2014 3 SCC 183, as neither compensation has been paid nor possession has been taken.
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