Decided on February 02,2018

Simla Devi And Ors Appellant
Union of India And Ors Respondents


G. S. Sistani, J. - (1.)At the outset, Ms.Luthra, learned Senior Counsel submits, on instructions, that land of the petitioner Janak Rani, mentioned at serial no.6 in Khasra No.58 pertains to only 1 bigha and not 1 bigha 6 biswas as reflected in the writ petition.
(2.)The petitioners, who are ten (10) in number seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act which came into effect on January 1, 2014 (2013 Act). A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred as the "1894 Act") in respect of which Award No. 15/1992-93 dated 19th June, 1992 was made, inter alia, in respect of the petitioners? land comprised in the following Khasra numbers deemed to have lapsed.
S. No. Name Land Details Area Bigha-Biswa 1. Smt. Shimla Devi w/o Shri P.D.Jain Khasra No.58 1-0 2. Smt. Savitri Devi w/o Shri Inder Das Khasra No.57 1-0 3. M/s Pyare Lal & Sons (HUF) through Karta Mr.Rajesh Bansal Khasra No.62 1-0 4. Mr.Deepak Garg s/o Shri Prem Kumar Khasra No.58 1-0 5. Dr.Arun Gupta s/o Shri Manohar Lal Khasra No.62 1-0 6. Smt.Janak Rani Khasra No.58 1 7. Mr.J.Aggarwal Madhu Bansal Shashi Goel Rupesh Gupta Arun Gupta (the above five persons) are the legal heirs of Manohar Lal (now deceased) and owned 1/5 each of Khasra No.64 Khasra No. 64 1-0 Khasra No. 64 Khasra No. 64 Khasra No. 64 Khasra No. 64

(3.)Though, the LAC in its counter-affidavit claim that possession of the land in question has been taken over and handed over to the beneficiary department on 21st April, 2006, the petitioners' dispute this and maintain the physical possession has not been taken over. However, insofar as the issue of compensation is concerned, it is stated as per statement "A" compensation was not paid to the recorded owner.

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