HARKIRAT SINGH Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) With the consent of the parties, present petition is set down for final hearing and disposal. 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 being half portion (vertically bisecting the plot from front) comprised in Khasra no. 1805/2 (3- 16) and 1806 (4-16) measuring 4 Bighas and 6 Biswas situated in the revenue estate of Village-Chattarpur, New Delhi (hereinafter referred to as 'subject land'), are deemed to have lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither compensation has been paid nor possession has been taken over.

(2.) 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 25th November, 1980, Section 6 declaration was made on 7th June, 1985 and thereafter Award bearing No. 15/87-88 was passed by the Land Acquisition Collector on 5th June, 1987. Counsel for the petitioner submits as the possession of the subject land has not been taken and compensation has not been paid, the case of the petitioner 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:

(3.) We have heard the learned counsel for the parties.