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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 03.11.2014
W.P.(C) 5811/2014 & CM No.14290/2014
PRAKASH CHAND SHARMA & ORS ..... Petitioners
versus
GOVT OF NCT OF DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Jitender Vashisth, Advocate
For the Respondents : Ms Jyoti Tyagi, Advocate for Mr Yeeshu Jain, Advocate for R-1 & R-2
Mr Arjun Pant, Advocate for R-3
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 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, WP(C) 5811/2014 Page 1 of 3 consequently, seek a 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.1/2007-2008 dated 06.08.2007 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 37/12 (3-11) and 37 13/1 (1-16) measuring 5 bighas 7 biswas in Village Bamnoli, Tehsil Vasant Vihar 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;
(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.
WP(C) 5811/2014 Page 2 of 3
3. As a result the petitioners are 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 dn WP(C) 5811/2014 Page 3 of 3