LAWS(DLH)-2017-11-10

KASHI RAM Vs. UNION OF INDIA AND ORS.

Decided On November 01, 2017
KASHI RAM Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) Rule was issued in this matter on 28th February, 2017.

(2.) Petitioner claims to be the co-owner of the land measuring 18 Bigha and 7 Biswas comprised in Khasra Nos.1444/1093/601 (3-17), 792/2 (1-16), 1390/792 (6-14) and 792/3 (3-0), situated in the Revenue Estate of Village Mandawali, Fazalpur, NCT of Delhi, seeks a direction declaring the entire acquisition proceedings in respect of the above land as having lapsed. He also seeks quashing of the impugned Notification bearing No. F.15(3)/59-LSG dated 13.11.1959 issued under Section 4 of the Land Acquisition Act, 1894; Notification bearing No. F.4(19)/65-L&H dated 12.07.1966 issued under Section 6 of the Land Acquisition Act, 1894 and the Award No. 49-C/70- 71/Supplementary dated 22nd December, 1982 with respect to the aforesaid land.

(3.) Mr. N.S. Vashisht, learned counsel appearing for the petitioner submits that possession of the land in question is with the petitioner and also no compensation has been paid. Resultantly, the petitioner would be entitled to aforesaid declaration as prayed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (New Act).