Fazrudeen & Ors. vs Union Of India And Ors
2014 Latest Caselaw 6349 Del

$~16

           IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Judgment delivered on: 01.12.2014
W.P.(C) 6292/2014 & CM No.15195/2014

FAZRUDEEN & ORS.                                          ..... Petitioners

                             versus

UNION OF INDIA AND ORS                                    ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr Sumit Bansal, Advocate with Mr Ateev Mathur, Ms Richa Oberoi
                      and Ms Jagriti Ahuja, Advocates
For the Respondents : Mr Abhay Prakash Sahay, CGSC with Ms Indu Prabha, Advocate for
                      R-1
                      Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-2
                      Mr Dhanesh Relan and Mr Arush Bhandari, Advocates for R-3
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                   JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The learned counsel for the petitioners states 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 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.10/87-88 was made on

20.05.1987. 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 Shayoorpur in Khasra Nos.453 Min (3-14), 455 (4-16) and 456 (4-16)

measuring 14 bighas 6 biswas in all.

2. Admittedly, though physical possession of the subject land has been

taken on 14.07.1987, 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.

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

SIDDHARTH MRIDUL, J DECEMBER 01, 2014/dn