Ram Kumar And Ors. vs Govt. Of Nct Of Delhi And Ors.
2015 Latest Caselaw 3384 Del

$~30
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 27.04.2015
+       WP(C) No.9052/2014 and CM No.20664/2014
RAM KUMAR AND ORS.                                               .... Petitioners
                                       versus

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

Advocates who appeared in this case:

For the Petitioners     : Mr Rajiv Kumar Ghawana, Adv.
For the Respondents     : Mr Yeeshu Jain and Ms Jyoti Tyagi, Adv. for R-1&2
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                    JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The learned counsel for the petitioners 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.: W.P.(C) 2759/2014 decided on

12.09.2014.1 He states that although possession of the subject land has

been taken, the award under the Land Acquisition Act, 1894 (hereinafter

referred to as 'the 1894 Act') 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. In

this case Award No. 23/87-88 was made on 17.06.1987. He also states

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

requirements of section 24(2) of the 2013 Act have been fulfilled and the

petitioners are entitled to a declaration that the subject acquisition under

the 1894 Act has lapsed. The land in question is situated in Village

Maidangarhi in Khasra Nos.9(1-06), 244(0-16), 811/263/249 (2-04),

904/297 Min (1-07), 905/297 (1-18), 378 (10-05), 711/392 (1-18),

907/547(1-18), 951/652(10-00) measuring 31 bighas and 12 biswas2 in all

(1/2 share) and Khasra Nos.996/396 Min (4-08) and 997/396 Min (2-10).

2. Admittedly, though physical possession of the subject land has

been taken on 12.11.1987 and 16.07.1987, compensation has not been

paid to the petitioners. 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 and the subject

acquisition has lapsed.

Writ Petition No. and the date of its decision corrected vide order dated 22.05.2015.

Total area measurement, that is, bighas and biswas corrected vide order dated 22.05.2015.

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

respect of the subject land has lapsed. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SANJEEV SACHDEVA, J APRIL 27, 2015/st