CHANDER BHAN Vs. UNION OF INDIA & ORS

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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') in respect of which Award No. 27/2002-03 dated 24.10.2002 was made, inter alia, in respect of the petitioner's land comprised in khasra nos. 55//26 (0-05), 44//25/2 (1-08) and 55/5 (4-11) measuring 6 bighas 4 biswas in all in village Dhool Siras, Delhi, shall be deemed to have lapsed.

(2.) Though the respondents claimed that possession of the said land was taken on 20.08.2002 and 25.01.2011, the petitioner disputes this and maintains that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

(3.) Without going into the controversy of physical possession, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also 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:-