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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 23.05.2016
W.P.(C) 3172/2015 & CM 5652/2015
BALBIR SINGH & ANR ..... Petitioners
versus
LAND ACQUISITION COLLECTOR (NORTH-WEST) & ANR
..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr Anuroop P.S.
For the Respondent L&B/LAC : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent DDA : Mr Sanjeev Sabharwal
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)
1. By way of this writ petition 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 came into effect on 01.01.2014. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated WP(C) 3172/2015 Page 1 of 3 under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') and in respect of which Award No.16/2005-06 dated 14.09.2005 was made, inter alia, in respect of the petitioners' land comprised in khasra no. 31//5 (4-12) to the extent of 1/3 share in 4 bighas out of the said 4 bighas 12 biswas in village Mubarakpur Dabas, Delhi, shall be deemed to have lapsed.
2. 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 petitioners. 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.
WP(C) 3172/2015 Page 2 of 3
3. 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.
4. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.
BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J MAY 23, 2016 kb WP(C) 3172/2015 Page 3 of 3