Suresh Kumar And Ors. vs Govt. Of Nct Of Delhi And Anr
2016 Latest Caselaw 4663 Del

$~44
            IN THE HIGH COURT OF DELHI AT NEW DELHI
                                              Judgment delivered on: 19.07.2016

W.P.(C) 9094/2015 & CM 20587/2015

SURESH KUMAR AND ORS.                                            ..... Petitioners

                             versus

GOVT. OF NCT OF DELHI AND ANR                                    ..... Respondents

Advocates who appeared in this case:
For the Petitioner  : Mr Sameer Jain.
For the Respondents : Mr Siddharth Panda with Mr P. Venkatesan for LAC/L&B.
                      Mr Dhanesh Relan for DDA.
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE ASHUTOSH KUMAR
                      JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. 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.63/82-83 dated 31.01.1983 was made, inter alia, in respect of the petitioners'

land comprised in Khasra No. 319/3(02-13), 323(02-16), 329/1/1 (0-14) and

324/2(04-13) measuring 10 Bighas and 16 Bishwas in Village Pul Pehladpur shall

be deemed to have lapsed.

2. 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.

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 lands

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



JULY 19, 2016/ab                                      ASHUTOSH KUMAR, J