RANBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioner. The petitioner seeks a declaration that the acquisition proceedings in respect of land/property of the petitioner having Khatoni of the same comprised in Khasra No.201 situated at the main road Village-Khichri Pur, Delhi measuring 981 square metres (hereinafter referred to as "the subject land") stands 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 neither the physical possession of land of petitioner measuring nor compensation has been paid to the petitioner.

(2.) Counsel for the petitioner submits that he seeks relief only to extent of 2 biswas of land of which the possession has not been taken.

(3.) In this case, a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959, a declaration under Section 6 of the Act was issued on 20.06.1996 and an Award bearing No.28-B/70-71 was passed. Counsel for the petitioner submits that the case of the petitioner is fully covered by a decision rendered by the Apex Court in the case of Pune Municipal Corporation &Anr. v. Harakchand Misirimal Solanki &ors., 2014 3 SCC 183, as neither possession has been taken nor compensation has been paid to the petitioner.