Arun Pathak vs Union Of India And Anr
2015 Latest Caselaw 2458 Del

$~74

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Judgment delivered on: 23.03.2015

W.P.(C) 8112/2014 & CM 18913/2014

ARUN PATHAK                                                 ..... Petitioner

                           versus


UNION OF INDIA AND ANR                                     ..... Respondents

Advocates who appeared in this case:

For the Petitioner         : Mr Bharat Beriwal
For the Respondents No.1   : Mr Bhagvan Swarup Shukla with Mr Ajay Kumar
                            Choudhary.
For the Respondent LAC     : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent No.4    : Mr Manu Mridul with Ms Ragini.


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

                              JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The learned counsel for the respondent has handed over the counter

affidavit on behalf of respondent no.2. The same is taken on record. The

learned counsel for the petitioner does not wish to file any rejoinder affidavit

inasmuch as the averments contained in the writ petition would be relied

upon.

2. 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.15/1987-88 dated 05.06.1987 was

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

1251 (2-1½), and 1256 min (4-03) measuring 6 bighas and 4 ½ biswas in

village Chhattarpur, 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 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.

4. 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.

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 MARCH 23, 2015 kb