Saba Khan And Ors vs Govt. Of Nct Of Delhi And Ors
2015 Latest Caselaw 715 Del

        THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 27.01.2015
+      W.P.(C) 8572/2014 and CM No. 19778/2014

SABA KHAN AND ORS                                              .... Petitioners
                                         versus

GOVT. OF NCT OF DELHI AND ORS                                  .... Respondents
Advocates who appeared in this case:
For the Petitioners                    : Mr Vishal Maan
For the Respondent Nos. 1 & 2          : Mr Siddharth Panda
For the Respondent No. 3               : Mr Arjun Pant

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 on behalf of respondent Nos. 1&2

by Mr Siddharth Panda is taken on record. The learned counsel for the

petitioners does not wish to file any rejoinder affidavit as he would be

relying on the averments made in the writ petition itself.

2. By way of this writ petition the petitioners are seeking 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') and in respect of which Award No. 27/2002-03 dated

24.10.2002 was made, inter alia, in respect of the petitioners' land

comprised in Khasra Nos. 43//18 Min (2-0), 22/1 Min (0-13), 23/1 Min (0-

13) measuring 3 bighas and 6 biswas in Village Dhul Siras 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 award was 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;

(iv) Surender Singh vs. 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

JANUARY 27, 2015 SU