Ratna Sareen vs Govt. Of Nct Of Delhi & Ors

$~      66 (Category-I)

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Judgment delivered on: 03.11.2014

W.P.(C) 5298/2014

RATNA SAREEN                                                    ..... Petitioner

                            versus

GOVT. OF NCT OF DELHI & ORS                                    ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr B.S. Maan, Ms Smita Maan, Mr Vishal Maan
For the Respondents : Mr Yeeshu Jain, Ms Jyoti Tyagi
                      Mr Arjun Pant for DDA.


CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE V. KAMESWAR RAO

                                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) 5298/2014 Page 1 of 3 Act') and in respect of which Award No.1/2007-08 dated 06.08.2008 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 37//2 (4-16) and 37//7(4-16) measuring 9 bighas 12 biswas in all in Village Bamnoli, New Delhi, 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;

(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.

(v) Jagjit Singh& Ors. v.Union of India.: W.P.(C) 2806/2004 decided by this court on 27.05.2013.

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 V. KAMESWAR RAO, J NOVEMBER 03, 2014 kb WP(C) 5298/2014 Page 3 of 3