Subhash Gupta And Another vs Uoi Through Land Acquisition ...
2015 Latest Caselaw 7252 Del

$~39

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

+       W.P.(C) 4477/2013 & CM 6510/2015

SUBHASH GUPTA AND ANOTHER                                       .... Petitioners
                                       versus
UOI THROUGH LAND
ACQUISITION COLLECTOR                                           ..... Respondent

Advocates who appeared in this case:
For the Petitioners          : Mr Bhagwat Prashad
For the Respondent           : Mr Yeeshu Jain with Ms Jyoti Tyagi

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 petitioners states that this matter is

covered by the decision of this Court in the case of Girish Chhabra v. Lt.

Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on 12.09.2014.

He states that although possession of the subject land has been taken, the

Award under the Land Acquisition Act, 1894 (hereinafter referred to as

'the 1894 Act') was made more than five years prior to the

commencement 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. In

this case two Awards were made, namely, Award No. 14/2002-03 dated

08.07.2002 and the Award No.6/2005-06 dated 12.07.2005. He also

states that compensation has not yet been paid to the petitioners.

Therefore, the requirements of section 24(2) of the 2013 Act have been

fulfilled and the petitioners are entitled to a declaration that the subject

acquisition under the 1894 Act has lapsed. The land in question is

situated in village Prehlad Pur Bangar in Khasra No.61/1 (2-08) measuring

2 bighas 8 biswas in all. The first Award was made in respect of 1 bigha

10 biswas and the second Award was made in respect of 18 biswas of

land.

2. Admittedly, though physical possession of the subject land has

been taken on 09.05.2000 and 31.08.2005, compensation has not been

paid to the petitioners. The Award is also more than five years prior to

the commencement of the 2013 Act. Consequently, the decision of this

Court in Girish Chhabra (supra) applies on all fours and the subject

acquisition has lapsed.

3. The writ petition is allowed by declaring that the acquisition in

respect of the subject land has lapsed. There shall be no order as to costs.

                                          BADAR DURREZ AHMED, J



SEPTEMBER 22, 2015                          SANJEEV SACHDEVA, J
SR