Jagdish Singh and Ors v. Union of India and Ors

JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

¶1The counter affidavit handed over by Mr Yeeshu Jain, Advocate on behalf of respondent No.2, 3 and 4 is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments made in the writ petition.

¶2The 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. 04/2002-03 dated 03.04.2002 was made, inter alia, in respect of the petitioners' land comprised in Khasra No. 23/3/2 measuring 18 biswas in all in village Pansali, Delhi shall be deemed to have lapsed.

¶3Though the respondents claimed that possession of the said land was taken on 12.05.2000, the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

¶4Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. 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) Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors: (2014) 3 SCC 183;

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

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

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

(5) Girish Chhabra v. Lt. Governor of Delhi and Ors: WP(C) 2759/2014 decided on 12.09.2014 by this Court.

¶5As 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.

¶6The writ petition is allowed to the aforesaid extent. There shall be no order as to costs.

BADAR DURREZ AHMED, J

SEPTEMBER 15, 2015

SANJEEV SACHDEVA, J rs

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 15.09.2015 + W.P.(C) 5001/2015 & CM No.9034/2015 JAGDISH SINGH & ORS. .... Petitioners versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr D.V. Khatri, Advocate. For the Respondents : Mr Jasmeet Singh, CGSC with Ms Astha Sharma, Advocate for respondent No.1/UOI Mr Yeeshu Jain with Ms Jyoti Tyagi, Advocates for respondent L&B/LAC. Mr Dhanesh Relan, Standing Counsel for DDA. CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA