NARESH CHANDRA RASTOGI AND OTHERS Vs. GOVT. OF NCT OF DELHI AND ANOTHER
HIGH COURT OF DELHI
Naresh Chandra Rastogi And Others
Govt. Of Nct Of Delhi And Another
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G.S. Sistani, J. -
(1.)Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No. 315/2 (2 Bighas 19 Biswas) and 331 min (2 Bighas 14 Biswas), situated in the revenue estate of Village Khanupr, Tehsil Mehrauli, New Delhi (hereinafter referred to as 'Subject Land'), has 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 compensation has been paid nor the physical possession has been taken.
(2.)In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 05.11.1980. A declaration under Section 6 of the Act was made on 06.06.1985 and thereafter an Award bearing No. 17/1987-88 was passed by the Land Acquisition Collector on 16.07.1987.
(3.)Mr. Aggarwal, learned counsel for the petitioners submits that counter affidavit filed by the Land Acquisition Collector supports the case of the petitioners and reliance has been placed on para 9 of the counter affidavit to show that case is disputed.
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