RAM PHAL AND ORS Vs. UOI & ORS

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.14/1987-88 dated 26.05.1987 was made, inter alia, in respect of the petitioners' land comprised in Khasra Nos.190(4-16) and 116(4-16) measuring 9 bighas and 12 biswas in village Satbari, Delhi, shall be deemed to have lapsed.

(2.) It is an admitted position that the physical possession of the said land was taken on 14.07.1987 in respect of Khasra No.190 and on 11.04.2013 in respect of Khasra No.116.

(3.) In so far as the question of compensation is concerned, the same has not been paid to the petitioners but, according to the respondents, the same has been deposited in the treasury. This, however, would not amount to payment of compensation as interpreted by the Supreme Court in Pune Municipal Corporation and Anr v. Harakchand Misirimal Solanki and Ors., 2014 3 SCC 183.