Subhash Kathuria And Ors. vs Govt. Of Nct Of Delhi And Ors.
2014 Latest Caselaw 5148 Del

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 14.10.2014

W.P.(C) 4519/2014 & CM 8998/2014

SUBHASH KATHURIA AND ORS.                                               ..... Petitioners



                             versus



GOVT. OF NCT OF DELHI AND ORS.                                       ..... Respondents

Advocates who appeared in this case:
For the Petitioners : Mr Ravinder Sethi, Sr. Advocate with Mr Gaurav Gupta.
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B.
                      Mr Arjun Pant for DDA.



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

                                 JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. Mr Jain states that the counter affidavit has been filed on behalf of the

respondent No.1 (Land Acquisition Collector) vide Diary No.194872 on

13.10.2014. The Registry is directed to place the same on record. We have,

however, been handed over a copy of the said counter affidavit which is

placed in the main file and we have examined the same.

2. By way of this writ petition the petitioners are 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 petitioners,

consequently, seek 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.1/2007-08 dated 06.08.2008 was

made, inter alia, in respect of the petitioners' land comprised in Khasra

Nos.8/24, 22/4, 22/5, 22/6, 22/7, 22/15, 22/16, 22/21, 25/2/1, 26/23, 26/24,

26/25, 21/24, 21/25, 26/14, 26/15, 25/10/2, 25/11, 25/19, 25/20, 25/21, 26/4,

26/7, 26/16, 26/17, 37/3, 37/13/2, 38/1, 37/4, 37/5, 37/6, 37/7, 37/8, 25/22/1,

25/23, 25/24, 38/7, 25/17, 25/18, 38/2, 38/3, 38/4/1 measuring 170 bighas 9

biswas in Village-Bamnoli 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 petitioners. 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 petitioners are 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

SIDDHARTH MRIDUL, J OCTOBER 14, 2014 mk