VEER WATI Vs. THE LAND ACQUISITION COLLECTOR
LAWS(DLH)-2018-2-36
HIGH COURT OF DELHI
Decided on February 06,2018

Veer Wati Appellant
VERSUS
The Land Acquisition Collector Respondents




JUDGEMENT

G.S.Sistani, J. - (1.)This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land measuring 03 bighas 09 biswas pertaining to Khasra no.138 and land measuring 01 bigha pertaining to Khasra no.139 min., situated in the revenue estate of village Kotla, Delhi (hereinafter referred to as the "subject land") stand lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act") as neither compensation has tendered to the petitioners nor possession has been taken.
(2.)In this case, a notification under section 4 of Land Acquisition Act, 1894 ("the Act" in short) was issued on 13.11.1959 and a declaration under sections 6 of the Act was made on 20.06.1966. Thereafter, an award bearing no.19/1976-77 was passed on 05.01.1977.
(3.)It is the case of the petitioners that the since the area in question was built up, possession could not be taken. Reliance is placed on the possession report dated 25.04.1977. Counsel for the petitioners has further placed reliance upon a decision rendered by Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, in support of his plea that since the compensation has not been tendered, the case of the petitioners would be covered by the aforesaid decision.
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