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2015 DIGILAW 1670 (DEL)

Ramesh Kumar v. Union of India

2015-09-14

BADAR DURREZ AHMED, SANJEEV SACHDEVA

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JUDGMENT : Badar Durrez Ahmed, J. 1. The counter-affidavit handed over by Mr. Yeeshu Jain on behalf of respondent Nos. 2, 3 & 4 is taken on record. The learned counsel for the petitioner 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 petitioner is 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 petitioner, consequently, seeks 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. 4/2002-03 dated 03.04.2002 was made, inter alia, in respect of the petitioner’s land comprised in Khasra No. 07/23 measuring 2 bighas and 18 biswas out of 3 bighas and 16 biswas which are comprised in the said khasra falling in village Pansali 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 petitioner. 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 Another vs. Harakchand Misirimal Solanki and Others, (2014) 3 SCC 183 (ii) Union of India and Others vs. Shiv Raj and Others, (2014) 6 SCC 564 (iii) Sree Balaji Nagar Residential Association vs. State of Tamil Nadu and Others, Civil Appeal No. 8700/2013 decided on 10.09.2014 (iv) Surender Singh vs. Union of India and Others, W.P. (C) 2294/2014 decided 12.09.2014 by this Court. 4. As a result the petitioner is 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.