Diwan Chand vs Government Of National Capital ...
2014 Latest Caselaw 4803 Del

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Judgment delivered on: 24.09.2014

W.P.(C) 5375/2013 & CM 12022/2013
DIWAN CHAND                                                       .....Petitioner
                             versus

GOVERNMENT OF NATIONAL CAPITAL TERRITORY FO DELHI
& ANOTHER                             .....Respondents


Advocates who appeared in this case:

For the Petitioner    : Mr Rajat Aneja.

For the Respondents   : Mr Yeeshu Jain and Ms Jyoti Tyagi

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 the petitioner 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.: WP(C) No.2759/2014. He states that although possession

of the subject land has been taken, the award 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, by virtue of award No.24/2005-06 dated 03.02.2006. He also

states that compensation has not yet been paid to the petitioner. Therefore,

the ingredients of Section 24(2) of the 2013 Act have been satisfied and he is

entitled to a declaration that the subject acquisition has lapsed. The land in

question is situated in Village- Bhalswa in Khasra No.657 comprising of 4

bighas and 16 biswas.

2. Admittedly, compensation has not been paid and possession of the

subject land has been taken. 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.

3. The writ petition is allowed by declaring that the subject acquisition

has lapsed. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SIDDHARTH MRIDUL, J SEPTEMBER 24, 2014 mk