Gyanwat vs Union Of India & Ors

Citation : 2014 Latest Caselaw 4891 Del
Judgement Date : 26 September, 2014

Delhi High Court
Gyanwat vs Union Of India & Ors on 26 September, 2014
        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 26.09.2014

+      W.P.(C) 1423/2014 & CM 2957/2014

GYANWAT                                                            ... Petitioner

                                          versus

UNION OF INDIA & ORS                                               ... Respondents

Advocates who appeared in this case:
For the Petitioner                     : Mr N.S.Vasisht, Mr Vishal Singh, Ms Jyoti
                                         Kataria, Ms Madhur Bhargava.
For the Respondent L&B                 : Mr Siddharth Panda
For the Respondent GNCTD               : Mr Sanjay Kumar Pathak,
For the Respondent DDA                 : Mr Ajay Verma
For the Respondent                     : Mr Ripu Daman Bhardwaj


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 seeks 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 case of the petitioner is admittedly covered by the decision of this court in Gyanender Singh & Ors. v.UOI & Ors.: WPC 1393/2014 decided on 23.09.2014. The Award in question was Award No. 15/87-88 dated 05.06.1987 and was in respect of khasra numbers 945(half share), 946/2 and 940 of village Chattarpur, totalling 7 bighas 6 biswas.

WPC1423/2014 Page 1 of 2

2. In view of the fact that this petition is covered by the decision in Gyanender Singh (supra) the acquisition in respect of the above mentioned lands shall be deemed to have lapsed in terms of section 24(2) of the 2013 Act.

3. The writ petition is allowed to the aforesaid extent. There shall be no orders as to costs.


                                         BADAR DURREZ AHMED, J



SEPTEMBER 26, 2014                       SIDDHARTH MRIDUL, J
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WPC1423/2014                                                        Page 2 of 2