S. DAYA SINGH & SONS HUF Vs. UNION OF INDIA & ORS.
HIGH COURT OF DELHI
S. Daya Singh And Sons Huf
Union of India And Ors.
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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. 430/2 (0-5), 431/1 (0-10), 443 (4-16), 444 (4-16), 445 (3-10), 446 (3-0), 447 (1-4), 451 (1-11) and 452 (3-2) measuring 22 bighas 14 biswas situated in the revenue estate of village Shayoorpur, Tehsil Hauz Khas, Mehrauli, 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') in view of the fact that neither possession has been taken nor compensation has been tendered to the petitioner i.e. Karta of Hindu Undivided Family (HUF).
(2.)Learned counsel for the petitioner, relies on the decision rendered by the Supreme Court in the case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and ors., reported at (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 petitioner is entitled to a declaration, as 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 25.11.1980. A Section 6 declaration was made on 07.06.1985 and an Award bearing No.10/87-88 was rendered under Section 11 of the Act.
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