GAURAV Vs. UNION OF INDIA

JUDGEMENT

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

(2.) Petitioner seeks a declaration that the acquisition proceedings with respect to a land comprised in Khasra No. 629/2, total admeasuring 5 Bigha 11 Biswas situated in the revenue estate of village Roshanpura, Delhi to the extent of share owned by the petitioner (hereinafter referred to as subject land) is deemed to have lapsed as neither compensation has been paid nor possession has been taken. Notification under section 4 of the Land Acquisition Act, 1894 was issued on 7th April, 2006 followed by Declaration under Sec. 6 on 4th April, 2007 and Award bearing no. 08/2008-09/SW was passed in the year 2008. Counsel for the petitioner placed reliance on the judgment of the Supreme Court of India in the case of Pune Municipal CorporationAnr. Vs. Harakchand Misirimal Solankiors., (2014) 3 SCC 183 and other matters.

(3.) Counsel for the respondent has opposed this petition on the ground that the petitioner has no locus standi to file the present petition as the subject land vests in the Gaon Sabha. It is, however submitted that possession of the subject land could not be taken as the area was built up and the compensation has also not been paid.