JOGINDER PAL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners claim to be the owners of one bigha each of land comprising in Khasra No.62, situated in the revenue estate of Village Behlolpur Khadar, Tehsil Mehrauli, New Delhi (hereafter the subject land). They have filed the present petition, inter alia, praying that the notification dtd. 23/6/1989 issued under Sec. 4 of the Land Acquisition Act, 1894 (hereafter the 1894 Act) and subsequent declaration / notification dtd. 22/6/1990 issued under Sec. 6 of the 1894 Act ' which includes the acquisition of the subject land ' be set aside.

(2.) The petitioners also claim that acquisition of the subject land has lapsed by virtue of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter the 2013 Act).

(3.) Initially, the present petition was allowed by a judgment dtd. 10/4/2017 by the Co-ordinate Bench of this Court in W.P.(C) 687/2017, following the decision in the case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors.: (2014) 3 SCC 183, on the ground that there is no dispute that the compensation has not been paid.