RAM KISHAN & OTHERS Vs. UNION OF INDIA & ANR
HIGH COURT OF DELHI
Ram Kishan And Others
Union Of India And Anr
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G.S. Sistani, J. -
(1.)This writ petition was admitted on 06.02.2017.
(2.)This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioners claim to be the owners of land comprised in Khasra No.399/265 (11-11) situated in the revenue estate of village Chilla Saroda Bangar, Delhi (hereinafter referred to as "the subject land"). The petitioners seek a declaration that the acquisition proceedings initiated in respect of the subject land are deemed to have 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 possession has been taken nor compensation has been paid to the petitioners.
(3.)The necessary facts to be noticed for disposal of this writ petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 17.11.1980. A Section 6 declaration was made on 29.09.1981. Thereafter, an Award bearing no.39/82-83 dated 13.09.1982 was rendered by the Land Acquisition Collector (LAC). As per the writ petition though the area in Khasra No.399/265 was 68 bighas 03 biswas, but compensation was remitted by the LAC only with respect to 30 bighas in a reference filed under Section 30-31 of the Act. It is also the case of the petitioners that the necessity of filing of reference arose on account of dispute regarding entitlement of payment of compensation.
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