Afsar Begum & Anr vs Government Of Nct Of Delhi & Ors
2015 Latest Caselaw 2013 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 09.03.2015

+       W.P.(C) 8042/2014
AFSAR BEGUM & ANR                                            .... Petitioners
                                       versus
GOVERNMENT OF NCT OF DELHI & ORS                             ..... Respondents

Advocates who appeared in this case:
For the Petitioner         : Mr Rajiv Kumar Ghawana
For the Respondent Nos.1&2 : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent No.3    : Mr Dhanesh Relan with Mr Arush Bhandari

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE VIBHU BAKHRU

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

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

respondent nos. 1&2 is taken on record. The learned counsel for the

petitioners does not wish to file the rejoinder affidavit inasmuch as

according to him all the necessary averments are contained in the writ

petition.

2. 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. 21/92-93 dated 18.06.1992 was made, inter alia, in respect of

the petitioners' land comprised in khasra no. 409 comprising of two

bighas (1 bigha owned by each petitioner) in village Jasola, New Delhi,

shall be deemed to have lapsed.

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

was taken on 16.07.2007, 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.

4. 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.

5. 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.

6. The writ petition is allowed to the aforesaid extent. There shall be

no order as to costs.

                                          BADAR DURREZ AHMED, J


MARCH 09, 2015                             VIBHU BAKHRU, J
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