MAHAVIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned.

(2.) There is a gross abuse of the process of law reflected in the instant case. In Raisena, Lutyen's zone of New Delhi the acquisition took place and awards were passed thereto in 1911-1912. A writ petition was filed by the petitioners before the High Court after 105 years later, urging that compensation has not been paid; due to operation of the provisions of Sec. 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 (for short, "the 2013 Act"), the land acquisition has lapsed.

(3.) In the writ petition filed by the petitioners in the High Court they claimed to be the fourth Generation of Nathu son of Kaalu. It was averred that Government passed the award Nos.55 and 56 in the year 1911-1912. The predecessors in interest of the petitioners were cultivators in the capacity of Gair Morusi tenants. As per the prevalent policy, at the relevant time, cultivators and tenants were entitled to 50 per cent of the compensation. About 100 acres of the land of the predecessors had been acquired in the village Raisina. A declaration under Sec. 6 of the Land Acquisition Act, 1894 (for short, "the Act") was issued. Nathu and Kaalu were held entitled to compensation in the award Nos.55 and 56 which was passed. In the awards P-2 and P-3, which have been placed on record, the year 1911 and 1912 had been mentioned, not the actual date on which said awards had been passed.