Sunanda Jain And Anr vs Union Of India And Ors
2015 Latest Caselaw 6277 Del

$~33

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Judgment delivered on: 25.08.2015

W.P.(C) 4438/2015 & CM 8056/2015

SUNANDA JAIN AND ANR                                                 ..... Petitioners

                             versus

UNION OF INDIA AND ORS                                              ..... Respondents

Advocates who appeared in this case:

For the Petitioner                     : Ms Rachna Agrawal
For the Respondent UOI                 : Ms Archana Gaur
For the Respondent DDA                 : Mr Dhanesh Relan
For the Respondent L&B/LAC             : Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha


CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The counter affidavit handed over by Mr Pathak on behalf of

respondent nos. 4 and 5 is taken on record. The reply affidavit to the interim

application is also taken on record. The petitioners do not wish to file any

rejoinder affidavit inasmuch as she would be relying on the averments made

in the writ petition.

2. By way of this writ petition 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. The petitioners,

consequently, seek a declaration that the acquisition proceeding initiated

under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894

Act') in respect of (i) Award No.2/1998-99/SW dated 06.01.1997 was made,

inter alia, in respect of the petitioners' land comprised in khasra nos. 1229

(4-09), 1274/3 (3-7) and 1278 (4-06); and (ii) Award No. 7/1998-99/SW

dated 21.06.1999 which was made, inter alia, in respect of the petitioners'

land comprised in khasra nos. 823 (4-16) and 824/2 (5-1) measuring

measuring 21 bighas 19 biswas (20/594th share) in village Malikpur Kohi @

Rangpuri, New Delhi, 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 awards were 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; and

(iv) Surender Singh v. 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

SANJEEV SACHDEVA, J AUGUST 25, 2015 kb