Lalit Gulati And Anr vs Govt. Of Nct Of Delhi And Ors
2015 Latest Caselaw 7243 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 22.09.2015

+       W.P.(C) 5203/2015
LALIT GULATI AND ANR                                              .... Petitioners
                                       versus
GOVT. OF NCT OF DELHI AND ORS                                     ..... Respondents

Advocates who appeared in this case:
For the Petitioners                    : Mr Rajat Wadhwa with Mr Amritansh Batheja,
                                         Mr Kunal Aggarwal and Mr Taranpreet Singh
For the Respondent Nos. 1 & 4          : Mr Siddharth Panda
For the Respondent No. 2               : Mr J. S. Bhasin with Mr Indrajeet Singh
For the Respondent Nos. 3              : Mr Arjun Pant

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 Siddharth Panda on

behalf of respondent Nos. 1 and 4 is taken on record. The learned

counsel for the petitioners does not wish to file any rejoinder affidavit as

all the necessary averments are contained in the writ petition.

2. By way of this writ petition the petitioners are 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

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.14/1987-

88 dated 26.05.1987 was made, inter alia, in respect of the petitioners'

land comprised in Khasra Nos. 837(4-16), 838(4-16) and 839 min(4-3)

measuring 13 bighas and 15 biswas in village Satbari 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 petitioners. 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 petitioners are 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



SEPTEMBER 22, 2015                             SANJEEV SACHDEVA, J
SR