AMITA MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks 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, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.

(2.) THE Award under the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act') was made vide Award No. 1/2007 -08 dated 06.08.2007 and it was in respect of, inter alia, the petitioner's land comprised in Khasra Nos. 19/8 (4 -16), 19/13 (4 -16) and 19/18 (4 -16) measuring 14 bighas 8 biswas in all in village Bamnoli, New Delhi.

(3.) AS a consequence, it has to be held that the respondents did not take physical possession of the subject land. With regard to the element of compensation, it is an admitted position that compensation has not been paid in respect of the said land. The Award was also made more than five years prior to the commencement of the 2013 Act. Therefore, all the ingredients of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied: -