Decided on February 05,2018

Satish Kumar And Ors Appellant
Govt Of Nct Of Delhi And Ors Respondents


G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings in respect of the land of the petitioners comprised in Khasra No.1413(old)-857(new) (0-12), Khasra No.1416(old)- 861(new) (1-6), Khasra No.1493(old)-936 (new) (0-19) total admeasuring 2 bigha 17 biswas situated in the revenue estate of village Mehrauli, New Delhi (hereinafter referred to 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 the physical possession of the subject land has been taken but the compensation has not been paid to the petitioners.
(2.)In this case, a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959, a declaration under Section 6 of the Act was issued on 07.12.1966, 23.12.1968 & 02.01.1969 and two Awards bearing Nos.43-A/1981-82 and 83/1982-83 were rendered. Counsel for the petitioner submits that he is in actual physical possession of subject land. He submits that the case of the petitioner is fully covered by a decision rendered by the Apex Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183, as the compensation has not been paid to the petitioners.
(3.)As per counter affidavit filed by the LAC, the possession of the subject land has been taken over but the compensation has been sent to RD. Para 7 of the counter affidavit reads as under:
"7. That in the present case, the possession of the above mentioned lands was taken over and handed over to the beneficiary department on 09.03.1983, 14.02.1983 and 25.03.1983 for Khasra numbers 1413, 1416 and 1493 respectively. The status of compensation as per statement-A with respect to the above said land is as under:-

Khasra no. NAME AWARD NO. AMOUNT REMARKS (Old) 1493 (new) 936 (0-19) Bhola Ram 83/82-83 2476.54 Sent in RD Santosh Kumar 83/82-83 619.13 Shyam Sunder 83/82-83 619.13 Rakesh Kumar 83/82-83 619.13 Sanjeev Kumar 83/82-83 619.14 Khasra no. NAME AWARD NO. AMOUNT REMARKS (Old) 1416 (new) 861 (1-6) Bhola Ram 60/82-83 3353.21 Sent in RD Bal Kishan 60/82-83 3353.22 Khasra no. NAME AWARD NO. AMOUNT REMARKS (Old) 1413 (new) 857 (0-12) Bhola Ram 43 A/81-82 19430.39 Sent in RD Satish Kumar 43 A/81-82 485.84 Shyam Sunder 43 A/81-82 485.84 Mukesh Kumar 43 A/81-82 485.85 Sanjeev Kumar 43 A/81-82 485.85 ".


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