BALWANT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The counter affidavit handed over by Mr Sidharath Panda, the learned counsel appearing on behalf of the Respondent No. 4 and 5 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit as the necessary averments are contained in the writ petition.

(2.) By way of this writ petition 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. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the "1894 Act") and in respect of which Award No. 15/1987-88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land, comprised in Khasra Nos. 1033/1 (2-9), 1041/1/2 (1-2), 1041/2 (2-14), 1042/2 (3-11) & 1042/1 (1-5), measuring 14 bighas and 6 biswas in all in Village Chattarpur, New Delhi, shall be deemed to have lapsed.

(3.) The petitioner had also claimed relief in respect of Khasra No. 1034/1 but according to the counter affidavit filed on behalf of Respondent Nos. 4 and 5 that Khasra number was not a subject matter of the said Award and therefore, it is clear that Khasra No. 1034/1 is outside acquisition, in any event, because no award has been made during the prescribed time in respect thereof under the 1894 Act. This writ petition is therefore concerned with the land in Khasra numbers other than Khasra No. 1034/1.