Krishan Lal Madhok vs Union Of India & Ors
2014 Latest Caselaw 5096 Del

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

+       W.P.(C) 4972/2014 and CM No. 9947/2014

KRISHAN LAL MADHOK                                       ..... Petitioner
                                        versus

UNION OF INDIA & ORS                                     ..... Respondents

Advocates who appeared in this case:
For the Petitioner      : Ms Jagriti Ahuja

For the Respondents : Mr Ajay Digpaul and Mr Kunal Punj for respondent No. 1
                      Mr Yeeshu Jain, Ms Jyoti Tyagi and Mr Siddharth Panda for
                      LAC / L&B / respondent No. 2
                      Mr Arjun Pant for the DDA

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

                               JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The petitioner has 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. Acquisition proceedings had been initiated under the Land Acquisition Act, 1894 in respect of the petitioner's lands. An Award No. 1/2007-08 was made on 06.07.2008. The Award was in respect of the petitioner's lands situated in Khasra Nos. 19/25 (4-16), 30/5 (4-16), 6/2 (4-10), 15/2

(5-01) and 19/16 (4-16) in all measuring 23 bighas and 19 biswas situated at Village Bamnoli, New Delhi. The learned counsel for the petitioner submits that possession in respect of the subject lands has not been taken over and compensation has also not been paid to the petitioner.

2. The learned counsel for the respondents admits that possession has not been taken over nor has the compensation been paid. The Award has also been made more than 5 years prior to the commencement of the 2013 Act. This case is squarely covered by the decision of this court in Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014. Consequently, it is declared that the subject acquisition proceedings insofar as the petitioner's lands are concerned are deemed to have lapsed.

3. The writ petition is allowed as above. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SIDDHARTH MRIDUL, J

OCTOBER 13, 2014 SU