LAWS(SC)-2014-12-25

RAJIV CHOWDHRIE HUF Vs. UNION OF INDIA

Decided On December 10, 2014
Rajiv Chowdhrie Huf Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This I.A. No.4 of 2014 in Civil Appeal No. 8785 of 2013 is filed by the appellant seeking for issuing direction and pass an order for disposal of this appeal in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act of 2013'). The appellant-land owner has come to this Court questioning the correctness of the judgment and order dated 26.03.2010 passed by the Division Bench of the High Court of Delhi in W.P.(C)No. 2161 of 2006, wherein, the High Court dismissed the said petition.

(2.) Brief facts of the case are stated hereunder:

(3.) On 26.11.2004, the Government of National Capital Territory (NCT) issued the notification dated 04.11.2004 under Section 4 of the repealed Land Acquisition Act, 1894 (for short 'the L.A. Act') in respect of land area measuring 2100 bighas and 06 biswas in respect of village Bamnauli, Tehsil Mehrauli. The public purpose mentioned in the notification under Section 4 of the L.A. Act was for construction of Dwarka, Phase II, the land of the appellant was covered in the said notification. The appellant filed his objections under Section 5A of the L.A. Act before the Land Acquisition Collector (for short 'LAC'), South West Delhi opposing the proposed acquisition for public purpose.