RANI DAHIYA Vs. UOI AND ORS.

JUDGEMENT

(1.) This is a petition filed by the petitioner under Article 226 of the Constitution of India. Petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No. 118/6/1 (1-02) and 15/3/1 (0-07) total measuring 1 Bigha 9 Biswas situated in the Village - Palam, New Delhi (hereinafter referred to as the subject land) would stand lapsed as neither possession of the subject land has been taken nor compensation paid.

(2.) Counsel for the petitioner also draws the attention of the Court to Paragraphs 8 and 9 of the counter-affidavit filed by the respondent / LAC to show that the compensation has not been paid to the recorded owner. Counsel for the petitioner relies on the judgment rendered by the Supreme Court of India in the case of Pune Municipal Corporation and Anr. v. Harak Chand Misiri Mal Solanki and Ors (2014) 3 SCC 183 in support of his submission that in view of the fact that compensation has not been paid, the acquisition proceedings with respect to the subject land would stand lapsed.

(3.) Counsel for the respondent/LAC submits that possession of the subject land has been taken over and the possession has been handed over to the beneficiary department for the purpose of road widening. He submits that in view thereof, the petitioner shall only be entitled to compensation in terms of the new Act.