DEEPAK TYAGI & ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners seek 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. 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.18/2003-04 dated 31.10.2003 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos.96//99/1 (4-02) and 96//99/2 (0-14) measuring 4 bighas 16 biswas in all in village Holambi Kalan shall be deemed to have lapsed. Admittedly possession of 12 biswas of land in Khasra No.96//99/1 was not taken by the Land Acquiring Agency. In respect of the balance land, that is, 4 bighas and 4 biswas, though the respondents claimed that possession thereof was taken on 13.12.2002, the petitioners dispute this and maintain that physical possession has not been taken. However, insofar as the issue of compensation is concerned, it is an admitted position that it has not been paid.

(2.) Without going into the controversy of physical possession in respect of the said 4 bighas and 4 biswas of land, this much is clear that the Award was made more than five years prior to the commencement of the 2013 Act and the compensation has also not been paid. The necessary ingredients for the application of Section 24(2) of the 2013 Act as interpreted by the Supreme Court and this Court in the following cases stand satisfied:-

(3.) As a result, the petitioners are entitled to a declaration that the said acquisition proceedings initiated under the 1894 Act in respect of the subject land are deemed to have lapsed. It is so declared.