62
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 17.11.2014
W.P.(C) 4939/2014 & CM 9887/2014
MOHD. NASEEM & ORS ..... Petitioners
versus
UNION OF INDIA & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr N.S.Vasisht, Mr Vishal Singh, Ms Jyoti Kataria and
Mr M.P.Bhargava.
For the Respondents : Mr Akshay Makhija, CGSC with Mr Rohitendra Deb and
Ms Sanjugeeta Mokhtan for UOI.
Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B.
Mr Arjun Pant for DDA.
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. The petitioners seek 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 WP(C) 4939/2014 Page 1 of 3 came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No.67/83-84 dated 27.10.1983 and Supplementary Award No.67A/83-84 dated 06.08.1985 were made, inter alia, in respect of the petitioners' lands comprised in Khasra Nos.5 (6-17), 6 (6-6), 533/7 (4-7) and 536/8 (7-17) measuring 25 bighas 7 biswas in all in Village- Ladha Sarai, Tehsil Mehrauli, shall be deemed to have lapsed.
2. Though the respondents claimed that possession of the said lands was taken on 05.08.2004, the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.
3. Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-
WP(C) 4939/2014 Page 2 of 3
(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;
(2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564;
(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;
(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and (5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.
4. 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.
5. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
BADAR DURREZ AHMED, J SIDDHARTH MRIDUL, J NOVEMBER 17, 2014 mk WP(C) 4939/2014 Page 3 of 3