W.P.(C)/2516/2015 of RAJENDER KUMAR Vs UNION OF INDIA & ORS
Parties
- W.P.(C)/2516/2015 of RAJENDER KUMAR (PETITIONER)
- UNION OF INDIA AND ORS.<br> (RESPONDENT)
Cites (1 resolved of 3 detected)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 01.12.2015
W.P.(C) 2516/2015 & CM No.4483/2015RAJENDER KUMAR
..... Petitioner
versus
CORAM:HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA
J U M N T
BADAR DURREZ AHMED, J (ORAL)
1.By way of this writ petition the petitioner is 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 petitioner, consequently, seeks 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. 06/2005-06/DC (N-W) dated 12.07.2005 was made, inter alia, in respect of the petitioner’s land comprised in Khasra Nos. 57/1 measuring 1 bigha in Village Pehladpur Bangar 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 petitioner. 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;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 petitioner is 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
DECEMBER 01, 2015 rs
SANJEEV SACHDEVA, J