HARINDER KAUSHIK Vs. UNION OF INDIA AND ORS

JUDGEMENT

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

(2.) This is a petition filed under Article 226 of the Constitution of India by the petitioner. Petitioner seeks a declaration that the acquisition proceedings with respect to the land comprised in Khasra No. 47/13/2 (3-4), 47/18 (4-10), 47/19 (4-16) and 47/20 (4-16) measuring 3 Acre 3 Bighas and 4 biswas (17- 12) (to the extent of ½ share of petitioner) and Khasra No. 47/23 (4-16), 47/24/1 (2-16), 55/3 (4-16), 55/4 (4-16), 55/5 (4-16) and 56/1/1 (2-8) measuring 14 bighas and 8 biswas (to the extent of 1 /10 share of petitioner) situated in the revenue estate of village Devli, Tehsil-Saket, District South, New Delhi (hereinafter referred to as "subject land") is 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 the compensation has been paid nor possession has been taken over.

(3.) In this case, notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") was issued on 5 th November, 1980, a Section 6 notification of the Act was issued on 6 th June, 1985 and Award bearing no. 19/87-88 was passed.