JUDGMENT : S.P.GARG, J. 1. Learned counsel for the Govt. of NCT of Delhi through LAC seeks liberty to place on record the counter-affidavit. Liberty granted. Counter-affidavit is taken on record. 2. In the instant writ petition, the petitioner claim himself to be recorded owner of the land bearing Khasra No.1447 min admeasuring 1 bigha situated in the Revenue Estate of Village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, New Delhi (hereinafter referred to as ‘suit land’) by virtue of Sale Deed dated 24.02.1982. 3. The petitioner seeks declaration that acquisition of suit land has lapsed by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act’). 4. The necessary facts are that a notification under Section 4 of the Land Acquisition Act, 1894 (old Act) was issued on 27.06.1996; it included the suit land. A declaration was issued under Section 6 on 03.03.1997. The award bearing No.3/1998-99/S.W dated 26.02.1999 was made by the Land Acquisition Collector. 5. The petitioner avers that pursuant to the award, neither physical possession of the suit land was taken over by the respondents nor any compensation in respect thereof was ever paid or tendered. Relying upon Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors., 2014 (3) SCC 183 , counsel urged that the acquisition has lapsed since five year period indicated in Section 24(2) of the Act has ended. 6. The Govt. of NCT of Delhi through LAC, in its counter-affidavit, states in Para (8) : “8. That the acquisition proceedings qua the notified land i.e. khasra number 1447 (6-05) did not form part of any previous litigation nor there was any stay on proceedings, however no possession could be taken of the said khasra. So far as compensation is concerned the compensation amount has not been received from requisitioning authority. Thus, the compensation amount could not be paid to the interested persons.” 7. It is evident that neither possession of the suit lands was taken over nor any compensation for acquisition of the suit land was tendered or paid to the recorded owners. 8. As the respondents have not denied that the compensation of the suit land has not been paid and its possession has not been taken, the petitioner is entitled to the declaration sought. 8. As the respondents have not denied that the compensation of the suit land has not been paid and its possession has not been taken, the petitioner is entitled to the declaration sought. Accordingly, it is held that acquisition of suit land in Khasra No.1447 min admeasuring 1 bigha vide award No.3/1998-99/S.W dated 26.02.1999 is deemed to have lapsed by virtue of Section 24(2) of the Act. 9. The writ petition is allowed in the above terms. Pending application also stands disposed of.