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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 25.01.2016
W.P.(C) 2746/2015
AJAY SINGH & ANR ..... Petitioners
versus
THE HONBLE LT. GOVERNOR, DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr Dhruv Sharma
For the Respondents L&B/LAC : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent DDA : Ms Mrinalini Gupta with Ms Mrinmoi Chatterjee
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. The learned counsel for the petitioners state 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 12.09.2014. He states WP(C) 2746/2015 Page 1 of 3 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.80E/1970-71 was made on 09.01.1981. 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 Mehrauli, Delhi, in khasra nos.2322/1236 min to the extent of 2 bighas in all.
2. Admittedly, though physical possession of the subject land has been taken on 19.06.1996, 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. WP(C) 2746/2015 Page 2 of 3
3. The writ petition is 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 SANJEEV SACHDEVA, J JANUARY 25, 2016 kb WP(C) 2746/2015 Page 3 of 3