Madan Mohan Singh & Anr vs Land Acquisition Collector And ...
2014 Latest Caselaw 6160 Del

32
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 25.11.2014

W.P.(C) 6405/2014 & CM 15400/2014

MADAN MOHAN SINGH & ANR                                                  ..... Petitioners



                             versus


LAND ACQUISITION COLLECTOR AND ANR                                   ..... Respondents

Advocates who appeared in this case:
For the Petitioners : Mr Ashish Mohan.

For the Respondents   : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B.
                        Mr Pawan Mathur for DDA.


CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                 JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The counter affidavit handed over by Mr Jain, the learned counsel for

the Land Acquisition Collector, is taken on record. The learned counsel for

the petitioners does not wish to file a rejoinder affidavit.

2. The learned counsel for the petitioners states that this matter is

covered by the decision of this Court in the case of Girish Chhabra v. 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.3/97-98 was made on 05.12.1997. 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- Aali in Khasra Nos.16/2/2(1-02),

17(3-06), 18/2(0-18), 19/2(4-13), 21/2(1-15) and 22/1(1-3) measuring in all

11 bighas and 6 biswas. The petitioners are claiming only a 1/4th undivided

share in the above land and their undivided share is 2 bighas 16 biswas 10

biswansis.

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

taken on 26.05.1998, 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.

4. 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 NOVEMBER 25, 2014 mk