Mahavir Prasad Gupta & Ors vs Department Of Land & Building ...
2015 Latest Caselaw 1605 Del

        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 24.02.2015

+       W.P.(C) 3537/2014 & CM 7228/2014

MAHAVIR PRASAD GUPTA & ORS                                         ... Petitioners

                                 versus

DEPARTMENT OF LAND & BUILDING
(GOVT. OF DELHI) & ANR                                             ... Respondents
Advocates who appeared in this case:
For the Petitioner                     : Mr Gaurav Mitra with Mr Pratik Mallik and
                                         Ms Deepali Dwivedi
For the Respondent No. 1               : Mr Siddharth Panda
For the Respondent No. 2               : Mr Arun Birbal with Mr Sanjay Singh

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

                             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 acquisition proceeding initiated under the Land Acquisition

Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which

Award No. 29/1976-77 of 1976 was made, inter alia, in respect of the

petitioners' land comprised in Khasra No.22/23/2 measuring 3 bighas and

6 biswas in all in village Saidabad shall be deemed to have lapsed.

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

was taken on 30.12.2013, 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. There shall be

no order as to costs.

                                           BADAR DURREZ AHMED, J



FEBRUARY 24, 2015                            SANJEEV SACHDEVA, J
SR