AMARJEET SINGH Vs. LAND ACQUISITION COLLECTOR (SOUTH)

JUDGEMENT

(1.) THE counter affidavit of respondent No. 1 handed over by the learned counsel Mr. Yeeshu Jain is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit and submits that he shall rely on the averments made in the writ petition.

(2.) THE 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. 18/87 -88 dated 05.06.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 2206/1046/2/1 (8 -00), 2206/1046/2/2 (20 -13), 2208/1046 (3 -14), 2207/1046/2 (11 -10), 2207/1046/2/2 (28 -02) and 2207/1046/2/3 (24 -16) measuring 96 bighas and 15 biswas in all in village Tughlakabad shall be deemed to have lapsed.

(3.) INSOFAR as the substantial portion of the land is concerned, as mentioned above, physical possession of the same has not admittedly been taken by the land acquiring agency. With regard to the balance land, there is a controversy as to who is in physical possession. But we need not go into this controversy inasmuch as the award was made more than five years prior to the commencement of the 2013 Act and, admittedly, compensation has 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: -