Ram Phal And Ors. vs Uoi & Ors.
2016 Latest Caselaw 5495 Del

$~23
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 23.08.2016

+       WP(C) No.2044/2015 & CM 3658/2015

RAM PHAL AND ORS.                                             .... Petitioners

                                       versus

UOI & ORS.                                                    ..... Respondents

Advocates who appeared in this case:

For the Petitioners    : Ms Rachna Agrawal.
For the UOI            : Mr Bhagwan Swarup Shukla, CGSC with Mr Vinod Tiwari,
                         Govt. Pleader.
For the DDA            : Mr Sanjeev Sabharwal.
For the L&B/LAC        : Mr Siddharth Panda.

CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE ASHUTOSH KUMAR

                                  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. 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.14/1987-88 dated 26.05.1987 was made, inter alia, in respect

of the petitioners' land comprised in Khasra Nos.190(4-16) and 116(4-16)

measuring 9 bighas and 12 biswas in village Satbari, Delhi, shall be

deemed to have lapsed.

2. It is an admitted position that the physical possession of the said

land was taken on 14.07.1987 in respect of Khasra No.190 and on

11.04.2013 in respect of Khasra No.116.

3. In so far as the question of compensation is concerned, the same

has not been paid to the petitioners but, according to the respondents, the

same has been deposited in the treasury. This, however, would not

amount to payment of compensation as interpreted by the Supreme Court

in Pune Municipal Corporation and Anr v. Harakchand Misirimal

Solanki and Ors: (2014) 3 SCC 183.

4. All 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) Union of India and Ors v. Shiv Raj and Ors: (2014) 6 SCC 564;

(2) Sree Balaji Nagar Residential Association v. State of Tamil Nadu and Ors: Civil Appeal No. 8700/2013 decided on 10.09.2014;

(3) Surender Singh v. Union of India & Others: WP(C) 2294/2014 decided on 12.09.2014 by this Court; and

(4) 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 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. The petitioners

are at liberty to seek their appropriate remedies in accordance with law.

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

no order as to costs.

BADAR DURREZ AHMED, J

ASHUTOSH KUMAR, J AUGUST 23, 2016 ab