SHRI RAMPAL Vs. GOVT OF NCT OF DELHI AND ORS
HIGH COURT OF DELHI
Govt Of Nct Of Delhi And Ors
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G.S.Sistani, J. -
(1.)This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings initiated in respect of the land of the petitioner to the extent of 1/2 share falling in Khasra No. 269, measuring 4 Bigha 12. 5 Biswa, situated in the revenue estate of village Jasola, New Delhi-110025 (hereinafter referred 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 '2013 Act') as neither physical possession of the land has been taken nor compensation has been paid to the petitioner.
(2.)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 06.04.1964. A Section 6 declaration was made on 07.12.1966 and an Award bearing No.6-D/Supplementary/86-87 was rendered on 19.09.1986 in respect of the petitioner's land in Khasra No.269 admeasuring 4 Bigha 12.5 Biswa. It is the case of the petitioner that neither the possession of the subject land has been taken nor the compensation has been tendered.
(3.)The learned counsel for the petitioner submits that since the compensation has not been tendered, the petitioner would be entitled to a declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the New Act'). Counsel for the petitioner has drawn the attention of the Court to the Counter Affidavit filed by LAC wherein it has been categorically stated that the possession of the subject land could not be taken and the compensation has not been paid.
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