CHARAN DAS Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) 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 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject- matter of the present petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.

(2.) The number of the award is 157/1986-87and is dated 19.09.1986. It is in respect of, inter alia, the petitioner's land comprised in Khasra No.49/15 to the extent of 200 sq. yards in village Palam, Delhi. Admittedly, physical possession of the subject land was taken on 13.10.1986. Admittedly, compensation has not been paid to the petitioner.

(3.) Although physical possession of the subject land has admittedly been taken, compensation has not been paid to the petitioner and the award is also made more than five years prior to the commencement of the 2013 Act. Consequently, all the necessary ingredients of Section 24(2) of the 2013 Act, as interpreted by the Supreme Court and this Court in the following decisions, stand satisfied:-