MANPREET SINGH Vs. LAND ACQUISITION COLLECTOR & ORS

JUDGEMENT

(1.) The counter affidavit handed over by Mr Yeeshu Jain on behalf of respondent nos. 1&3 is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit as the necessary averments are already contained in the writ petition.

(2.) 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 Award No.2/1998-99/SW dated 07.01.1999 was made, inter alia, in respect of the petitioner's land comprised in Khasra No. 1049 min measuring 1 bigha in village Malikpur Kohi @ Rangpuri, Delhi, 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 petitioner. 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:-