Decided on January 29,2018

MADAN LAL Appellant
Union of India And Ors Respondents


G.S.Sistani, J. - (1.)This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings in respect of land of the petitioner comprised in Khasra No.976 min to the extent of 12 bighas 01 biswas, situated in the revenue estate of village Bahapur, 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 of land of petitioner measuring 5 bighas and 04 biswas has been taken nor compensation has been paid to the petitioner.
(2.)In this case, a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959, a declaration under Section 6 of the Act was issued on 06.01.1969 and an Award bearing No.228/1986-87 was passed on 19.09.1986. Counsel for the petitioner has drawn attention of the Court to the counter affidavit filed by LAC wherein it has been categorically stated that the compensation has been sent to RD. He 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 & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, as neither possession has been taken nor compensation has been paid to the petitioner.
(3.)Counter affidavit has been filed by the LAC. Mr.Panda submits that the possession of the subject land was taken on 05.05.1993 and 08.11.1997 and remaining land of 05 bighas and 04 biswas was not taken over as the same was under occupation. Para 7 of the counter affidavit filed by LAC reads as under:
"7. That in the present case the possession of the 5 bighas and 10 biswas was taken on 05.05.1993 and 1 bigha and 19 biswas of land was taken over on 08.11.1997 and handed over to the beneficiary department. However, remaining land of 5 bighas and 04 biswas of land could not be taken over as the same has been under occupation of EPDP (East Pakistan Displaced Persons) Colony and Savitri Cinema. As per the records, the compensation amount with respect to the land in question was sent in RD".


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