SOHAN LAL AND OTHERS Vs. UNION OF INDIA AND OTHERS
HIGH COURT OF DELHI
Sohan Lal And Others
UNION OF INDIA AND OTHERS
Click here to view full judgement.
(1.)This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings pertaining to share of land comprised in Khasra Nos. 581(3-17), 915/583(2-18) measuring 06 bighas and 15 biswas, situated in the revenue estate of Village-Maidan Garhi, NCT of Delhi (hereinafter referred to as 'the subject land') stands 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 physical possession has been taken nor compensation has been tendered to the petitioners.
(2.)The necessary facts to be noticed for disposal of this petition are that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 25.11.1980, a Notification under Section 6 of the Act was issued on 07.06.1985 and an Award bearing No.23/1987-88 was passed on 26.05.1987. Counsel for the petitioners 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 and Anr. v. Harakchand Misirimal Solanki and ors., reported at (2014) 3 SCC 183 , as neither possession has been taken nor compensation has been paid to the petitioner.
(3.)Mr. Jain, counsel for the LAC submits that the physical possession of the land was taken on 16.07.1987 and the subject land vests in Gaon Sabha, thus, the petitioner would not be entitled to claim any compensation. He further submits that the compensation of ? .. "rd of land was duly paid to the recorded owners and remaining could not be paid as it stands deposited in RD. In support of his submissions, Mr. Jain relies on paragraph 4 of the counter affidavit, which reads as under:
"4. That it is submitted that the lands of Village Maidan Garhi were notified vide Notification under Section 4 of the Land Acquisition Act, 1894 dated 25.11.1980 which was followed by the Notification under Section 6 of the Act dated 07.06.1985. The Award was also passed vide Award No.23/87-88 dated 26.05.87 and the physical possession of the land was taken on 16.07.1987 and handed over to requisition agency on the spot as also the compensation of ? ... "rd of the land was duly paid to its recorded owners and remaining could be paid as lying deposited in RD".
Copyright © Regent Computronics Pvt.Ltd.