HARISH CHANDER Vs. UNION OF INDIA THROUGH

JUDGEMENT

(1.) With the consent of the parties, present petition is set down for final hearing and disposal.

(2.) This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra nos. 613/2 (2-15) and 614 (2-8) situated in the revenue estate of Village-Gokalpur, Ilaqa Shahdara, Delhi (hereinafter referred to as 'subject land'), are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New Act) as neither possession of the land has been taken nor compensation has been paid to the petitioner.

(3.) The necessary facts to be noticed for disposal of this writ petition are that Section 4 notification of the Land Acquisition Act, 1894 was issued on 6th March, 1965, Section 6 declaration was made on 19th October, 1966 and thereafter Award bearing No. 14/1972-73 was passed by the Land Acquisition Collector on 16th June, 1972. Reliance is placed on Khasra Girdawari, copy whereof has been placed on record to show that a petrol pump exists in both the khasra numbers. Reliance is also placed on the counter-affidavit filed by the respondent / LAC to show that compensation was not tendered, but deposited in the revenue deposit on 4th September, 1972 vide Voucher No. 465 dated 1st September, 1972. Counsel for the petitioner submits that although as per the counter-affidavit filed by the respondent / DDA part possession has been taken, but the physical possession of the land is still with the petitioner, which is evident from the copy of the Khasra Girdawari which shows that petrol pump is in existence. Counsel for the petitioner submits as the compensation has not been paid, the case of the petitioners is fully covered by the decision rendered by the Supreme Court of India in the case of Pune Municipal Corporation & Anr. V. Harak Chand Misirimal Solanki & Ors, 2014 3 SCC 183 and other decisions as detailed below to submit that the acquisition proceedings would lapse: