NARAINS INFRASTRUCTURE PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this writ petition, the petitioner is seeking 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 petitioner, consequently seeks 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 the Award No. 15/87 -88 dated 05.06.1987 was made, inter alia, in respect of the petitioner's land comprised in khasra numbers 956 (3 -18) measuring 3 bighas 18 biswas in village Chhattarpur, New Delhi, shall be deemed to have lapsed.

(2.) IT is an admitted position that the physical possession of the subject land has not been taken by the land acquiring agency. However, insofar as the compensation is concerned, it is the case of the petitioner that the same has not been paid to them whereas it is the case of the respondents that the said compensation was deposited in court pursuant to an order passed by a Vacation Judge of this court in C.M.(Main) 1411/2013 passed on 30.12.2013. By virtue of that order, the said C.M.(Main), amongst others, was disposed of by recording that without prejudice to the rights and contentions of the land holders the cheque tendered in each petition would be treated as tendered to the court of the learned Additional District Judge, Delhi as of that date i.e. 30.12.2013. According to the respondents this amounts to payment of compensation.

(3.) IN these circumstances, it is clear that neither physical possession of the subject land has been taken by the land acquiring agency nor has any compensation been paid to the petitioner. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients necessary for the applicability of section 24(2) of the 2013 Act, as interpreted by the Supreme Court and this court in the following decisions, stand satisfied: -