Mohan Lal Gandhi & Ors vs Land Acquisition Collector & Ors
2014 Latest Caselaw 5095 Del

        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 13.10.2014

+       W.P.(C) 5078/2014 and CM No. 10134/2014

MOHAN LAL GANDHI & ORS                                   ..... Petitioners
                              versus

LAND ACQUISITION COLLECTOR & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner      : Mr Pankaj Vivek and Ms Anupriya Singh
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC / L&B
                      Mr Amit Mahajan and Mr Shashi Shekhar for UOI
                      Ms Mrinalini S. Gupta and Ms Ruhi Chopra for DDA
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 respondent No. 1 states that the counter affidavit has been filed vide Diary No. 193107 dated 10.09.2014. The Registry is directed to take it on record. We have seen a copy of the same.

2. The petitioners have filed this petition seeking 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. It is stated by the learned counsel for the petitioners that the Award No. 1825 dated 24.05.1965 was made, inter alia, in respect of the petitioners' lands

under the Land Acquisition Act, 1894. The petitioners' lands are situated in Village Tihar, Delhi in Khasra No. 2144/2 measuring 4 bighas. The learned counsel for the petitioners states that possession has not been taken of the subject lands and, therefore, even though it is the case of the respondents that compensation has been deposited in the court on 19.08.1965, the acquisition would be deemed to have been lapsed inasmuch as the Award has been passed more than 5 years prior to the commencement of the 2013 Act.

3. In view of the Supreme Court decisions in Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183; Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564; and Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 as also in view of our decisions in Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 and Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014, inasmuch as possession has admittedly not been taken and the Award has been made more than 5 years prior to the commencement of the 2013 Act, the acquisition proceedings under the 1894 Act in respect of the subject lands shall be deemed to have lapsed.

4. The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SIDDHARTH MRIDUL, J OCTOBER 13, 2014 / SU