Krishna Saini & Ors. vs Union Of India & Ors.

$~73
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 22.11.2016

+       W.P.(C) 10135/2015 & CM 24950/2015
KRISHNA SAINI & ORS.                                           .... Petitioners
                                       versus
UNION OF INDIA & ORS.                                          ..... Respondents

Advocates who appeared in this case:

For the Petitioners          : Ms Richa Oberoi
For the Respondent UOI       : Mr V.P. Singh Charak with Ms Shubhra Parashar
For the Respondent L&B       : Mr Siddharth Panda
For the Respondent DDA       : Ms Mrinalini Sen with Ms Kritika Gupta

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE JAYANT NATH

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. 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. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No.28/2002-03 dated 05.09.2002 was made, inter alia, in respect W.P.(C) No. 10135/2015 Page 1 of 3 of the petitioners' land comprised in Khasra Nos. 410 (16-00) (to the extent of 5/6th share there) in all in village Bijwasan, Delhi, shall be deemed to have lapsed.

2. Though the respondents claimed that possession of the said land was taken on 05.09.2002 the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

3. Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-

(1) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

(2) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564;

(3) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(4) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and (5) Girish Chhabra v. Lt. Governor of Delhi and Ors:

4. 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 land 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


NOVEMBER 22, 2016                             JAYANT NATH, J
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W.P.(C) No. 10135/2015                                               Page 3 of 3