W.P.(C)/4681/2014 of SANJAY KUMAR GROVER & ANR. Vs UNION OF INDIA & ORS.

THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 03.11.2014

+W.P.(C) 4681/2014 and CM No. 9329/2014

SANJAY KUMAR GROVER & ANR.

... Petitioners

versus

UNION OF INDIA & ORS.

... Respondents

Advocates who appeared in this case:

For the Petitioner

: Mr Raghuvinder Varma

For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B

Mr Amit Mehra for DDA

CORAM:- HON’BLE MR JUSTICE BADAR DURREZ AHMEDHON’BLE MR JUSTICE V. KAMESWAR RAO

JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1.By way of this writ petition, the petitioners are seeking the benefit

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’) which came into effect on 01.01.2014. The petitioners, consequently, seek declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter

referred to as ‘the 1894 Act’) and in respect of which Award No. 8/1996-97 dated 11.12.1996 was made, inter alia, in respect of the petitioners’land comprised in Khasra Nos. 24/18 (4-16), 19/1 (0-03), 19/2 (5-01), 21/1 Min (3-04), 22 (4-16), 23 (4-16), 29/2 (4-16) and 29/3 (4-16) measuring 32 bighas and 8 biswas in Village Safipur Ranhaula shall be deemed to have lapsed.

2.It is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioners. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied:-

(i)Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183; Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

(ii)Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564; (2014) 6 SCC 564;

(iii)Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(iv)Surinder Singh vs. Union of India and Ors.:W.P.(C) 2294/2014 decided 12.09.2014 by this Court.W.P.(C) 2294/2014 decided 12.09.2014 by this Court.

3.As result the petitioners are entitled to declaration that the said

acquisition proceedings initiated under the 1894 Act in respect of the subject lands are deemed to have lapsed. It is so declared.

4.The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

BADAR DURREZ AHMED, J V. KAMESWAR RAO NOVEMBER 3, 2014 SU