SHRI VINOD KUMAR SACHDEVA AND ORS. Vs. UNION OF INDIA AND ORS.
HIGH COURT OF DELHI
Shri Vinod Kumar Sachdeva And Ors.
Union of India And Ors.
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Sehgal G.S. Sistani, J. -
(1.)By the present writ petition filed under Article 226 of the Constitution of India, the petitioners seek a declaration that the acquisition proceedings with respect to the land admeasuring 01 Bigha out of Khasra Nos. 2610/728-729 situated in the revenue estate of Village Tuglakabad, 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 was issued on 10.11.1960. A declaration under Section 6 of the said Act was made on 04.01.1969 and thereafter an award bearing No. 66/86-87 was made on 19.09.1986. Petitioners No. 1 to 5 claim to be recorded owners of built up property in the subject land whereas petitioner No. 6 claims to have complete ownership rights in the subject land by virtue of an oral family settlement between the petitioners No. 1 to 5 and petitioner No. 6 and annexed no objection Certificate on behalf of the petitioners No. 1 to 5, along with the present writ petition.
(3.)Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation and Anr. v. Harak Chand Misiri Mal Solanki and Ors., reported in (2014) 3 SCC 183, as neither compensation has been paid nor possession has been taken.
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