PRITAM KAUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The counter-affidavit handed over by Mr. Sanjay Kumar Pathak on behalf of respondent Nos. 4 & 5 is taken on record. The learned Counsel for the petitioner does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments already contained in the 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 1.1.2014. 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. 33/1986-87 dated 19.9.1986 was made, inter alia, in respect of the petitioner's land comprised in Khasra Nos. 962/2 (2-08), 963 (4-16), 972 (4-16), 973/2 (2-08) and 977/3 (1-08) measuring 15 bighas and 16 biswas in all in village Mahipalpur shall be deemed to have lapsed.

(2.) The stand of the respondents is that physical possession of the said land was taken on 27.3.2001. This is disputed by the petitioner, who claims to be in actual physical possession of the subject land.

(3.) Insofar as the question of compensation is concerned, the same has not been paid to the petitioner but according to the respondents, the same has been deposited in the treasury. Therefore, they seek to invoke the Second Proviso to Section 24(2) of the 2013 Act, which was introduced by virtue of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 (hereinafter referred to as "the said Ordinance").