ROHTASH Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) With the consent of the parties, the present Writ Petition is set down for final hearing and disposal.

(2.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land comprised in Khasra No. 25/6/2(1-4), 7/2(1- 4), 12(0-6), 13(4-13), 14(4-16), 15(4-16), 16(4-16), 17(4-16), 18(3- 0), 24(3-15), 25(4-16), 26/11/2(3-2), 19/2(1-8), 20(4-16), 21/1(1- 16),28(0-4), 46/4(0-13), 5/1(1-9), 319(2-13), 4/12/1(1-13), 26(0-4) admeasuring 56 Bighas situated in the revenue estate of village Bharthal, Delhi, (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act'), as the possession has not been taken by the respondents in respect to the subject land.

(3.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 112.2000 and a declaration under Section 6 was made on 07.12.2001. Thereafter, an Award bearing no. 26/2002-03 was passed on 210.2002 with respect to the subject land.