DHRUV BHASIN &ORS Vs. UNION OF INDIA AND ORS
LAWS(DLH)-2018-2-183
HIGH COURT OF DELHI
Decided on February 05,2018

Dhruv Bhasin AndOrs Appellant
VERSUS
Union of India And Ors Respondents




JUDGEMENT

G.S.Sistani, J. - (1.)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 land bearing Khasra No. 193 min, measuring 13 Bighas and 14 Biswas, situated in the revenue estate of village Bijwasan, Tehsil Mehrauli, New Delhi, (hereinafter referred 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 no compensation has been paid to the petitioners.
(2.)In this case, a notification under Section 4, Section 6 and Section 17(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 18.08.1985. Thereafter, an award bearing no.25/85-86 was passed on 29.01.1986. It is the case of the petitioners that the compensation with respect to subject land has not been tendered even though the possession of the land has been taken.
(3.)The counsel for the petitioners submits that since the compensation has not been tendered, the petitioners would be entitled to a declaration under Section 24 (2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the New Act'). Learned counsel for the petitioners has drawn the attention of the Court to the Counter Affidavit filed by the LAC wherein it has been categorically stated that as per Statement-A the compensation has not been paid.
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