M/S J. B. M. Builders Private ... vs Union Of India And Ors
2015 Latest Caselaw 4777 Del

$~41
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Judgment delivered on: 07.07.2015

W.P.(C) 637/2015 & CM 1108/2015

M/S J. B. M. BUILDERS PRIVATE LIMITED                             ..... Petitioner

                             versus


UNION OF INDIA AND ORS                                           ..... Respondents

Advocates who appeared in this case:
For the Petitioner           : Mr Anuj Kumar Ranjan
For the Respondent L&B/LAC : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent DDA       : Mr Dhanesh Relan with Mr Arush Bhandari

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

                                   JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. By way of this writ petition the petitioner is 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 petitioner,

consequently, seeks 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.36/1980-81 dated 19.06.1980 was

made, inter alia, in respect of the petitioner's land comprised in Khasra

No. 172 measuring 631 square yards in Village Lado Sarai, New Delhi shall

be deemed to have lapsed. It may be pointed out that Khasra No. 172

comprises of 7 bighas and 17 biswas of land, out of which 5 bighas was

taken by the land acquiring agency, leaving 2 bighas and 17 biswas. The

above mentioned 631 square yards is out of the said balance 2 bighas and 17

biswas of land.

2. 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 petitioner. 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; and

(iv) Surender Singh v. Union of India and Ors.:

W.P.(C) 2294/2014 decided 12.09.2014 by this Court.

3. As a result the petitioner is 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.

4. The writ petition is allowed to the aforesaid extent. There shall be no

order as to costs.

BADAR DURREZ AHMED, J

SANJEEV SACHDEVA, J JULY 07, 2015 SR