SANTOSH SINGH Vs. UOI

JUDGEMENT

(1.) IN these proceedings, the petitioner seeks a declaration that the notification dated 13.12.2000 (under Section 4 of the repealed Land Acquisition Act, 1894 - hereinafter referred to as the "old Act") ; the declaration dated 07.12.2001 under Section 6 of the old Act in respect of the petitioner's land - to the extent the said notification and the declaration dealt with Khasra Nos. 29/6/2, 7/2, 180/2, 29/6/3, 7/3, 14 and 15 situated in the revenue estate of village Pochanpur, Tehsil Mehrauli, Delhi, be declared illegal and inoperative. Originally, the writ petitioner sought for quashing of these notifications to the extent that they dealt with the suit lands. In the application moved, i.e. C.M. No.7190/2014, it is urged that the said acquisition proceedings have lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 (hereinafter referred to as the new LA Act) . After notice was issued, the respondents filed their reply. The application and writ petition were heard in these circumstances.

(2.) THE facts necessary to decide the case are that the petitioner claims to be the owner in possession of the suit lands and has - in support, relied upon several documents for that purpose. On 13.12.2000, these lands were sought to be acquired under a notification published under Section 4 of the old Act. The petitioner resisted the move and filed response to the notice issued by the DDA on 14.12.2000 under Section 5A of the old Act. The declaration - which was the next step under the old Act, was published on 07.12.2001 under Section 6 of the old Act. Thereafter on 21.03.2002, invoking the emergency clause, the respondents issued a notification under Section 17(1) of the old Act. Immediately the petitioner moved this Court. At the first hearing, the petitioner also sought for interim order staying dispossession. This Court, on 11.04.2002, made the following order in the said application:

(3.) WITH effect from 01.01.2014, the new LA Act was brought into force. Section 114 of the new LA Act has the effect of repealing the old Act. Section 24, which is pertinent for the purpose of the present case - and has been relied upon in C.M. No.7190/2014 filed by the petitioner, reads as follows: