Uma Pathak vs Gnct Of Delhi And Ors

        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 20.04.2015
+      W.P.(C) 509/2015 & CM 870/2015

UMA PATHAK                                                 ... Petitioner
                                          versus

GNCT OF DELHI AND ORS                                      ... Respondents
Advocates who appeared in this case:
For the Petitioner                     : Mr Vishal Maan
For the Respondent Nos. 1 & 2.         : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent No. 3.              : Mr Udayan Khandelwal

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                       JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. Mr Yeeshu Jain, the learned counsel, has handed over the counter- affidavit on behalf of respondent Nos. 1 & 2. The same is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments already contained in the writ petition.

WPC509/2015 Page 1 of 3

2. 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 Act') and in respect of which Award No.15/1987-88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 1244/1 (3-14) and 1251/2 (2-10) total measuring 6 bighas 4 biswas in village Chattarpur shall be deemed to have lapsed.

3. 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; and

(iv) Surender Singh v. Union of India and Ors.:

W.P.(C) 2294/2014 decided 12.09.2014 by this Court.

4. 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.

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

                                          BADAR DURREZ AHMED, J


APRIL 20, 2015                             SANJEEV SACHDEVA, J
SR




WPC509/2015                                                      Page 3 of 3