AZAD SINGH &ORS Vs. UNION OF INDIA AND ORS
HIGH COURT OF DELHI
Azad Singh AndOrs
Union of India And Ors
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G. S. Sistani, J. -
(1.)Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner i.e. 10 Bigha and 5 Biswa comprised in Khasra 20 (4-12), 22 (3-17) and 36/1 (1-16), situated in the revenue estate of Village Behlolpur, New 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 (hereinafter referred to as 'the Act') was issued on 13.11.1959. A declaration under Section 6 of the said Act was made on 08.12.1966 and thereafter an Award bearing No. 44/1982-83 was pronounced on 20.10.1982.
(3.)It is the case of the petitioner that Late Shri Kundan, grand father of the petitioners had constructed a pakka house over 01 Bigha of land comprised in Khasra No. 22 (3-17), where the petitioners are also residing along with their families and rest of the land is lying vacant.
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