Asha Ram Tyagi vs Union Of India & Ors.
2015 Latest Caselaw 8720 Del

$~77
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 23.11.2015

+       W.P.(C) 4989/2015 & CM 9006/2015
ASHA RAM TYAGI                                                  .... Petitioner
                                       versus
UNION OF INDIA & ORS.                                           ..... Respondents

Advocates who appeared in this case:

For the Petitioner           : Mr Abhimanyu Singh Khatri
For the Respondent UOI       : Mr Archana Gaur
For the Respondent LAC       : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent DDA       : Mr Sanjeev Sabharwal

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

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The petitioner seeks 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.18/2003-04 dated 30.10.2003 was made, inter alia, in respect

of the petitioner's land comprised in Khasra No. 96/99/1 measuring 4

bighas 2 biswas in all in village Holambi Kalan, Delhi, shall be deemed

to have lapsed.

2. The respondents claimed that possession of 3 bighas 10 biswas out

of the above khasra was taken on 31.12.2002. The petitioner disputes this

and maintains that physical possession has not been taken and the entire

land is in the possession of the petitioner. 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 petitioner is 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


NOVEMBER 23, 2015                         SANJEEV SACHDEVA, J
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