JAGJIT GREWAL Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The prayer in this writ petition is for a declaration that the acquisition proceedings in respect of land admeasuring 2 bighas and 4 biswas in khasra No. 760/596 situated in the Revenue Estate of village Maidan Garhi, New Delhi (hereafter "the land in question") has lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the 2013 Act").

(2.) The facts as stated by the Petitioner herself are that in respect of the land in question, a notification was issued on 25th November 1980 under the Land Acquisition Act, 1894 (LAA), which was followed by the declaration dated 18th June 1985 under Section 6 of the LAA. The land acquisition proceedings culminated in an Award No. 23/87-88.

(3.) According to the Petitioner, her predecessor had received the compensation for the said land under "protest". It is stated that after the judgment dated 15th May 1989 of the Division Bench (DB) of this Court in Balbir Singh v. Union of India, 1989 39 DLT 233, the predecessor of the Petitioner returned the compensation amount along with 12 percent interest by cheque No. 930291 dated 13th July 1989 in the sum of Rs. 12,86,274/-. According to the Petitioner, both the requisites for seeking a declaration under Section 24 (2) of the 2013 Act stand satisfied in the present petition viz., (i) that since the compensation has been returned, it should be held that no compensation has been received for the acquisition of the land in question and (ii) the fact that actual physical possession of the land has not been taken by the Respondents and continues to remain with the Petitioner.