Tilak Raj vs Delhi Development Authority And ...
2015 Latest Caselaw 7592 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 05.10.2015

+       W.P.(C) 5112/2015 & CM 9260/2015
TILAK RAJ                                                          .... Petitioner
                                       versus
DELHI DEVELOPMENT AUTHORITY AND ORS.                               ..... Respondents

Advocates who appeared in this case:

For the Petitioner                     : Mr J.V. Rana
For the Respondent nos. 1,3&4          : Mr Himanshu Gupta
For the Respondent LAC/L&B             : Mr Yeeshu Jain with Ms Jyoti Tyagi
For the Respondent GNCTD               : Mr Naushad Ahmad

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 by Mr Yeeshu Jain on behalf of

respondent no.2 is taken on record. The learned counsel for the petitioner

does not wish to file any rejoinder affidavit as he would be relying on the

averments already contained in the writ petition.

2. 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. 29/1982-83 dated 21.07.1982 was made, inter alia, in respect

of the petitioner's land comprised in Khasra No. 599/2/1 to the extent of

273 Sq. Yds. in all in village Sultanpur Mazra, New Delhi, shall be

deemed to have lapsed.

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

was taken on 17.08.1982, the petitioner disputes this and maintains that

physical possession has not been taken. However, insofar as the issue of

compensation is concerned, the petitioner's case is that compensation has

neither been offered nor paid to the petitioner nor his predecessor-in-

interest. The stand of the respondents, however, is that the status of

compensation as to whether it has been released or not cannot be

ascertained inasmuch as statement "A" is not available. In these

circumstances the averments made by the petitioner would have to be

accepted which means that the compensation 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 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.

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

no order as to costs.

                                        BADAR DURREZ AHMED, J


OCTOBER 05, 2015                         SANJEEV SACHDEVA, J
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