Shalini Gupta vs Lt Governor, Nct Of Delhi & Ors
2014 Latest Caselaw 6787 Del

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         IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 15.12.2014

+       W.P.(C) 7752/2014 and C.M.No.18250/2014

SHALINI GUPTA                                           ..... Petitioner

                           versus


LT GOVERNOR, NCT OF DELHI & ORS                        ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr Akhil Sachar and Mr Japneet Singh.
For the Respondents : Mr Arjun Pant for DDA.
                     Mr Yeeshu Jain and Ms Jyoti Tyagi for Land Acquisition
                     Collector/Land and Building Department.


CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE I.S.MEHTA

                               JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The counter affidavit filed on behalf of respondent No.2 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder-affidavit and shall be relying on the averments made in the writ petition.

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.6/2005-06 dated 12.07.2005 was made, inter alia, in respect of the petitioner's land comprised in Khasra No.49//14, measuring 504 sq. yds. in Village Pehladpur Bangar, 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;

(iv) Surinder Singh vs. 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

I.S.MEHTA, J DECEMBER 15, 2014 'dç'