Dew Drops Pvt. Ltd. vs Union Of India And Ors.

$~      10

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Judgment delivered on: 01.12.2014

W.P.(C) 4621/2014 & CM 9194/2014

DEW DROPS PVT. LTD.                                                ..... Petitioner

                             versus

UNION OF INDIA AND ORS.                                           ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr Sumit Bansal with Mr Ateev Mathur and Ms Richa Oberoi
For the Respondents : Mr Yeeshu Jain, Mr Siddharth Panda, Ms Jyoti Tyagi for LAC.
                      Mr Pawan Mathur, Adv. for DDA.

CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                    JUDGMENT

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 a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 WP(C) 4621/2014 Page 1 of 3 Act') and in respect of which Award No.15/1987-88 dated 06.05.1987 and Award No. 24/1987-88 dated 09.07.1987 were made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 1081 (4-16), 1083/2 (3-01), 1084/2 (4-01), 927 min (0-03), 943/1 (0-3) and 944 min (0-03) measuring 12 bighas and 7 biswas in Village Chattarpur, New Delhi, shall be deemed to have lapsed. The counter affidavit on behalf of respondent no.2 has been handed over by Mr Siddharth Panda. The same is taken on record.

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;

(ii) Union of India and Ors v. Shiv Raj and Ors:

(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;

(iv) Surinder Singh vs. Union of India and Ors.:

W.P.(C) 2294/2014 decided 12.09.2014 by this Court.

3. As a result the petitioner is entitled to a 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 SIDDHARTH MRIDUL, J DECEMBER 01, 2014 kb WP(C) 4621/2014 Page 3 of 3