KRISHEN K SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE counter affidavit handed over on behalf of the respondent Nos.4 & 5 filed by Mr Yeeshu Jain, Advocate is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder in view of the averments already contained in the writ petition.

(2.) BY way of this writ petition the petitioners are 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 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.15/87 -88 dated 05.06.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos. 1628/2 (2 -0), 1628/1/1 (0 -8), 1629/2 (4 -1), 1625/1 (0 -7), 1625/2 (1 -16), 1626 (4 -16), 1627/1(3 -18), 1627/2 (0 -18) and 1628/1 (1 -13) measuring 19 bighas 16 biswas in Village Chattarpur shall be deemed to have lapsed.

(3.) IT is an admitted position that neither physical possession of the subject lands has been taken by the land acquiring agency, nor has any compensation been paid to the petitioners. The award was made more than five years prior to the commencement of the 2013 Act. All the ingredients of section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following decisions stand satisfied: -