DIMPLE GAUR &ANR Vs. GOVT OF NCT OF DELHI
HIGH COURT OF DELHI
Dimple Gaur AndAnr
GOVT OF NCT OF DELHI
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G.S.Sistani, J. -
(1.)This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioner seeks a declaration that the acquisition proceedings initiated in respect of the land of petitioner comprised in Khasra no. 259/2 (6-11), 382/12 (0-11), 511 (0-13), 823 (4-16), 824/2 (5-1), 1229 (4-9), 1274/3 (3-7) and 1278 (4-6) total measuring 29 bighas 14 biswas situated in the revenue estate of village Malikpur Kohi @ Rangpuri, New Delhi (hereinafter referred to 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 the "2013 Act"), as neither possession has been taken nor compensation has been tendered.
(2.)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 possession of the subject land has not been taken and compensation has not been tendered the petitioners are entitled to a declaration, so prayed.
(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 27.06.1996. A Section 6 declaration was made on 10.01.1997 and an Award bearing No.2/1998-99 was rendered on 07.01.1999.
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