Jai Bhagwan & Ors vs Lt. Governor Of Delhi & Ors
2015 Latest Caselaw 6974 Del

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         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Judgment delivered on: 15.09.2015
W.P.(C) 5082/2014

JAI BHAGWAN & ORS                                           ..... Petitioners

                             versus

LT. GOVERNOR OF DELHI & ORS                                  ..... Respondents
Advocates who appeared in this case:

For the Petitioners : Mr N.Prabhakar and Mr Dhruv Sharma
For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for L&B/LAC
                      Mr Arjun Pant Advocate for DDA

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

                                 JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. 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. The petitioners consequently seek 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.80E/70-71 dated 09.01.1981 was made, inter

alia, in respect of the petitioners' land to the extent of 1/3 rd share comprised

in Khasra Nos.2635/1678/1 (7-02), 2498/182 (2-00), 153 (9-00), 2496/179

(3-03) and full share in Khasra No. 2506/1205 (1-08) in all in village

Mehrauli, shall be deemed to have lapsed. The total extent of petitioners'

1/3rd share in four of the aforesaid khasras, as mentioned above, is to the

extent of 7 bighas and 1 ½ biswas. The petitioners also have 1 bigha and 8

biswas of land in Khasra No.2506/1205.

2. The possession of the entire land except Khasra No. 2496/179 has

admittedly been taken by the land acquiring agency on 23.09.1981. Insofar

as compensation is concerned, it is an admitted position that the petitioners

have not received any compensation in respect of their said land. The award

has been made more than five years prior to the commencement of the 2013

Act. Consequently, 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 :-

(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.

3. 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.

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 SEPTEMBER 15, 2015 'sn'