Delhi High Court
Narvada Devi vs The Lt. Governor, National ... on 10 July, 2018
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 10th July, 2018
+ W.P.(C) 3383/2016
NARVADA DEVI ..... Petitioner
Through: Mr.Akhil Sachar, Advocate.
versus
THE LT. GOVERNOR, NATIONAL CAPITAL TERRITROY OF
DELHI & ORS ..... Respondents
Through: Mr.R.K. Sharma, Adv. for LAC/L&B.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
1. This is a petition under Article 226 of the Constitution of India filed
by the petitioner seeking a declaration that the acquisition proceedings
pertaining to land of the petitioner measuring 504 sq. yards out of Khasra
No.49/14 situated in the area of Village Pehladpur Bangar, National Capital
Territory of Delhi (hereinafter referred to as the „subject land‟), are deemed
to have lapsed in view of Section 24(2) of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (hereinafter referred to as „2013 Act‟) as neither physical possession of
the subject land has been taken nor the compensation has been tendered to
the petitioner.
2. Counsel for the petitioner submits that in this case, a notification under
Section 4 of the Land Acquisition Act 1894 was issued on 21.03.2003,
Section 6 declaration was made on 19.03.2004 and thereafter an award
bearing No.06/2005-06/DC(N-W) was rendered on 27.06.2005 and
12.07.2005. Reliance is placed on para 6 of the counter affidavit filed by the
LAC wherein the averments have been made that neither the compensation
has been paid to the petitioner nor the possession of subject land has been
taken.
3. We have heard learned counsel for the parties. The relevant portion of
para 6 of the counter affidavit filed by the LAC reads as under:-
"6. ..........As per the record maintained by the
answering respondent neither the compensation
has been paid nor the possession has been taken
by the authorities".
4. Reading of the counter affidavit filed by the LAC leaves no room for
doubt that neither the compensation has been paid to the petitioner nor the
possession of subject land has been taken and thus, the necessary ingredients
of Section 24(2) of 2013 Act are accordingly met.
5. Having regard to the submissions made and the stand taken by the
LAC in the counter affidavit that neither the physical possession has been
taken nor the compensation has been tendered and since the award having
been announced more than five years prior to the commencement of 2013
Act, the case of the petitioner is covered by the provisions of Section 24(2)
of 2013 Act and thus, the petitioner is entitled to a declaration that the
acquisition proceedings with regard to the subject land are deemed to have
lapsed. It is ordered accordingly. However, petitioner would only be entitled
to compensation as per 2013 Act.
6. In above terms, the writ petition stands disposed of.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
JULY 10, 2018
afa
