AYUSH LOHIA AND ANR Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land of the petitioner comprised in Khasra no.840/2 (4-3), 843/1 (1-12) and 843/2 (3-4), total land measuring 8 bighas 19 biswas, to the extent of 1/5th share out of the same, situated in the revenue estate of village Satbari, New Delhi (hereinafter referred to as the "subject land"), stand lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act") as neither possession has been taken nor compensation has been paid to the petitioners.

(2.) In this case, a notification under section 4 of Land Acquisition Act, 1894 ("the Act" in short) was issued on 25.11.1980 followed by a declaration under sections 6 of the Act issued on 27.05.1985. Thereafter, an award bearing no.14/1987-88 was passed on 26.05.1987.

(3.) Counsel for the petitioners has placed reliance upon a decision rendered by Apex Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, in support of his plea that since the compensation has not been tendered, the case of the petitioners would be covered by the aforesaid decision.