Kailash Chand Gupta & Ors vs Union Of India And Anr
2014 Latest Caselaw 4521 Del

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            IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                       Judgment delivered on: 16.09.2014

W.P.(C) 2960/2014 & CM No.6150/2014 & 6151/2014

KAILASH CHAND GUPTA & ORS*                                                    ..... Petitioners

                                   versus



UNION OF INDIA AND ANR                                                       ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr T.N. Singh, Advocate
For the Respondents : Mr Sanjay Poddar, Sr. Advocate with Mr Yeeshu Jain and Ms Jyoti
                    Tyagi, Advocates for L&B/LAC
                    Mr Rakesh Khanna, Sr. Advocate with Mr Ajay Verma, Advocate for
                    DDA

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

                                        JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The petitioners seek 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. A declaration is sought to the effect that the

* Corrected vide order dated 14.11.2014 passed in CM 18257/2014 in WP(C) 2960/2014.

acquisition proceeding initiated under the Land Acquisition Act, 1894

(hereinafter referred to as 'the 1894 Act') in respect of which Award No.

12/2005-06 dated 15.07.2005 was made, inter alia, in respect of the

petitioners' land comprised in Khasra Nos. 33/11 and 33/12 measuring 9

bighas 8 biswas in village Barwala shall be deemed to have lapsed.

2. Though the respondents claimed that possession of the said land was

taken on 17.07.2007, the petitioners dispute this and maintain that physical

possession has not been taken. However, insofar as the issue of

compensation is concerned, it is an admitted position that it has not been

paid.

3. Without going into the controversy of physical possession, this much

is clear that the Award was made more than five years prior to the

commencement of the 2013 Act and the compensation has also not been

paid. The necessary ingredients for the application of Section 24(2) of the

2013 Act as interpreted by the Supreme Court and this Court in the following

cases 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

(5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 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

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

5. The writ petition is allowed to the aforesaid extent. Pending

applications also stand disposed of. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SIDDHARTH MRIDUL, J SEPTEMBER 16, 2014 dn