M/S Cosmo Buildcon Private ... vs Union Of India & Ors
2014 Latest Caselaw 6887 Del

$~61
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                            Judgment delivered on: 16th December, 2014

+       W.P.(C) 7619/2014
M/S COSMO BUILDCON PRIVATE LIMITED
                                                                .... Petitioners
                                       Versus

UNION OF INDIA & ORS
                                                             ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr Bharat Beriwal, Advocate.
For the Respondents : Mr Satya Siddiqui and Mr Adbhut Pathak, Advocates for the
                      Respondent no.1.
                      Mr Yeeshu Jain & Ms Jyoti Tyagi, Advocates for
                      Respondent/LAC/L&B
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE INDER SINGH MEHTA

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The learned counsel appearing for respondent no.1 as well as

learned counsel appearing for respondent no.2 have handed over the

counter affidavits which are taken on record. The petitioner does not

wish to file any rejoinder affidavit and would be relying on the averments

made in the writ petition.

2. The petitioner seeks 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 claims that neither

possession of the subject land has been taken nor has any compensation

been paid and, therefore, the petitioner seeks a declaration that the

acquisition proceedings initiated under the Land Acquisition Act, 1894

(hereinafter referred to as 'the 1894 Act') in respect of which Award

No.15/87-88 dated 05.06.1987 was made, inter alia, in respect of the

petitioner's land comprised in Khasra Nos. 1766/2/2 (3-10), 1766/2/1 (0-

6), 1764 (4-12), 1765/2 (1-8), 1771/2 min North (1-8) and 1772 min

North (1-0) measuring 12 Bighas 4 Biswas in all in Village Chhattarpur,

Delhi, shall be deemed to have lapsed.

3. It is an admitted position that neither physical possession of the

subject land has been taken by the land acquiring agency, nor has any

compensation been paid to the petitioner. The award has, as noted above,

also been made more than five years prior to the commencement of the

2013 Act. However, the learned counsel for the respondents contend that

this petition is not maintainable by the present petitioner in view of the

fact that it is a subsequent purchaser. The learned counsel for the

respondents submitted that it is settled law that a subsequent purchaser

cannot challenge the acquisition proceedings and he is only entitled to

seek compensation. They placed reliance on the Supreme Court decision

in the case of KN Aswathnarayana Setty (D) Tr.LRs & Ors. Vs. State of

Karnataka & Ors.: AIR 2014 SC 279. A reference in this connection

was also made to the Supreme Court decision in the case of Meera Sahni

v. Lieutenant Governor of Delhi and Ors.: (2008) 9 SCC 177.

4. There is no doubt that in the context of the 1894 Act the Supreme

Court clearly held that a subsequent purchaser would not have a right to

challenge the acquisition and would only have a right to seek

compensation. But the position obtaining at present is different. This is a

petition which does not seek to challenge the acquisition proceedings but

seeks a declaration of a right which has enured to the benefit of the

petitioner by virtue of the operation of Section 24(2) of the 2013 Act.

Once the acquisition is deemed to have lapsed because of the operation of

the deeming provision of Section 24(2) of the 2013 Act, the benefit of the

same cannot be denied to the petitioner on the ground that the petitioner

is a subsequent purchaser. This is, of course, provided that the conditions

precedent for the application of the deeming provision contained in

Section 24(2) of the 2013 Act are satisfied.

5. In the present case, it is evident, as pointed out above, that neither

the physical possession of the subject land has been taken by the land

acquiring agency nor has any compensation been paid to the original

owner or to the petitioner. The award was also made more than five

years prior to the commencement of the 2013 Act and, therefore, all the

necessary ingredients of Section 24(2) of the 2013 Act as interpreted by

the Supreme Court and this Court in the following decisions 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

6. 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 land are deemed to have lapsed. It is so declared.

7. The writ petition is allowed to the aforesaid extent. There shall be

no order as to costs.

                                         BADAR DURREZ AHMED, J



DECEMBER 16, 2014                         INDER SINGH MEHTA, J
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