PURNIMA JAIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the acquisition proceedings with respect to the built up property admeasuring 55.5 sq. yds. out of Khasra no. 1185/20/2/1, property bearing no.346, Gali no.1, Friends Colony Industrial Area, G.T.Road, Shahdara, Delhi (hereinafter referred to as "the subject land") are deemed to have lapsed in view of the fact that compensation has not been tendered to the petitioner.

(2.) The necessary facts to be noticed for disposal of this writ petition are that a Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 14.10.2005. Section 6 declaration was made on 05.10.2006. Thereafter an Award bearing no.1/2008-09 was passed by Land Acquisition Collector on 22.07.2008. It is the case of the petitioner that the compensation with respect to subject land has not been tendered even though the land has been put to use.

(3.) The counsel for the petitioners submits that since the compensation has not been tendered, the petitioner would be entitled to a declaration and compensation under Section 24 (2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the New Act"). Learned counsel for the petitioners submits that the case of the petitioner would be fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., 2014 3 SCC 183. Mr. Rout, counsel for the petitioner submits that in the circumstances of the present case, he only prays for grant of compensation in terms of the New Act. Mr.Jain, counsel appearing for LAC has drawn the attention of the Court to para 5 of the counter affidavit wherein it has been averred that the physical possession of the land was taken on 20.02.2010 but the compensation stands deposited in Reference Court under Section 30-31 of the Act on 22.03.2016.