GOVT. OF NCT OF DELHI Vs. MOHD. MAQBOOL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 1/12/2015 passed by the High Court of Delhi at New Delhi in Writ Petition (C) No.27 of 2015 by which the High Court has allowed the said writ petition preferred by the respondent no.1 - original writ petitioner and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act 2013 '), the Government of NCT of Delhi has preferred the present appeal.

(2.) A Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act, 1894) with respect to the land in question was issued as far as back on 10/11/1960 followed by the declaration under Sec. 6 of the Act, 1894 dtd. 6/1/1969. The award was declared on 31/1/1983. According to the Department and the Land Acquisition Collector and so stated in the counter affidavit on behalf of the original respondent nos. 1 & 2 before the High Court the possession of the disputed land in question along with the other lands were taken over and handed over to DDA on 4/3/1983. That in the year 2015 the respondent no.1 filed a writ petition before the High Court challenging the acquisition proceedings including the Notification under Sec. 4 of the Act, 1894 and also for a declaration that the acquisition with respect to the land in question is deemed to have been lapsed by virtue of Sec. 24(2) of the Act, 2013.

(3.) As observed hereinabove, it was the specific case on behalf of the appellant and the Land Acquisition Collector before the High Court that the possession of the land in question was taken over on 4/3/1983 and the same was handed over to the DDA. It is required to be noted that the original acquisition is of the year 1960 and the writ petition was preferred challenging the acquisition in the Notification under Ss. 4 & 6 after a period of almost 55 years. By the impugned judgment and order the High Court has allowed the writ petition relying upon the decision of this Court in the case of Pune Municipal Corporation (supra) observing that the compensation has not been tendered.