KANIKA GANDOTRA Vs. GOVT OF NCT OF DELHI
LAWS(DLH)-2018-1-466
HIGH COURT OF DELHI
Decided on January 23,2018

Kanika Gandotra Appellant
VERSUS
GOVT OF NCT OF DELHI Respondents




JUDGEMENT

G. S. Sistani, J. - (1.)Cm APPL. No. 33505/2017
Exemption allowed, subject to just exceptions.

Application stands disposed of.

W. P. (C) 8151/2017

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 the land of the petitioner comprised in Khasra No. 1099 Min admeasuring 1 Bigha, situated in the revenue estate of Village Malikpur Kohi @ Rangpuri, New Delhi-110070 (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.)It is pointed out that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 27.06.1996. A Section 6 declaration of the Act was made on 10.01.1997 and thereafter an Award bearing No. 2/1998-99 was passed on 07.01.1999.
(3.)Ms. Marwaha, learned counsel for the petitioner submits that having regard to the fact that neither the possession of the subject land was taken nor the compensation has been paid, the acquisition proceedings with respect to the land of the petitioner stands lapsed. Reliance has been placed on the decision rendered by the Apex Court in Pune Municipal Corporation &Anr. V. Harak Chand Misiri Mal Solanki &Ors., 2014 3 SCC 183. Ms. Marwaha further contends that the objection raised by Land Acquisition Collector that no relief can be granted to the petitioner on account of stay order granted by this Court in W. P. (C) 7802/2012 titled as Ruchi Vihar Housing Welfare Society (Regd.) Vs. Govt. of NCT of Delhi &Ors., has no force as the same objection was raised and rejected by the predecessor Bench of this Court.
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