SHIVSHANKAR SHIVHARE & ORS Vs. GOVT OF NCT OF DELHI & ORS
LAWS(DLH)-2018-1-272
HIGH COURT OF DELHI
Decided on January 10,2018

Shivshankar Shivhare And Ors Appellant
VERSUS
Govt Of Nct Of Delhi And Ors Respondents




JUDGEMENT

G. S. Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioners seek a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.446, measuring 1790 sq. yds, situated in the revenue estate of village Jasola, New Delhi (hereinafter referred to as "the subject land") is 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 the "2013 Act"), as neither possession has been taken nor compensation has been paid.
(2.)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 23.06.1989. A declaration under Section 6 was made on 22.06.1990 and an Award bearing no.21/92-93 was rendered on 18.06.1992. It is not in dispute that the actual physical possession of part of the land was taken over by Delhi Metro Rail Corporation(DMRC). The petitioners claim that the remaining portion of land out of 1790 sq. yds is with the petitioners.
(3.)Learned counsel for the petitioners, relies on the decision rendered by the Supreme Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183, in support of his submission that since the compensation has not been tendered, the petitioners are entitled to declaration so prayed.
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