$~50-51(II)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.09.2014
+ W.P.(C) 1403/2014
MAMRAJ & ORS ..... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
AND
+ W.P.(C) 1404/2014
JAGGAN & ORS ..... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr Bhagwat Prasad
For the Respondents : Mr Yeeshu Jain with Ms Jyoti Tyagi, Mr Sanjay Kumar
Pathak, Mr Sunil Kumar Jha and Mrs Kiran Pathak for the
Respondent/L&B and LAC
Mr Ajay Verma for DDA.
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. The learned counsel for the petitioners states that this matter is covered by the decision of this Court in the case of Girish Chhabra vs. Lt. Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on W.P.(C) Nos. 1403/2014 & 1404.2014 Page 1 of 3 12.09.2014. He states that although possession of the subject land has been taken, the award under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') was made more than five years prior to the commencement 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. In this case Award No. 18/1992-93 was made on 19.06.1992. He also states that compensation has not yet been paid to the petitioners. Therefore, the requirements of section 24(2) of the 2013 Act have been fulfilled and the petitioners are entitled to a declaration that the subject acquisition under the 1894 Act has lapsed. The land in question is situated in Village Khizrabad, New Delhi in Khasra No. 371-375/11/2/1 measuring 17 bighas 17 biswas in all.
2. Admittedly, though physical possession of the subject land has been taken on 14.06.2013, compensation has not been paid to the petitioners. The Award is also more than five years prior to the commencement of the 2013 Act. Consequently, the decision of this Court in Girish Chhabra (supra) applies on all fours and the subject acquisition has lapsed.
W.P.(C) Nos. 1403/2014 & 1404.2014 Page 2 of 3
3. The writ petitions are allowed by declaring that the acquisition in respect of the subject land has lapsed. There shall be no order as to costs.
BADAR DURREZ AHMED, J
SEPTEMBER 16, 2014 SIDDHARTH MRIDUL, J
SR
W.P.(C) Nos. 1403/2014 & 1404.2014 Page 3 of 3