RAM SINGH &ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioners seek a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.280 measuring 01 bigha 05 biswas situated in the revenue estate of village Lado Sarai, Tehsil Hauz Khas, New Delhi (hereinafter referred to 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 the "2013 Act"), as neither possession has been taken nor compensation has been paid.

(2.) The necessary facts to be noticed for disposal of this writ petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 13.11.1959. A Section 6 declaration was issued on 16.05.1966. A supplementary award being Award No.36/80-81 Supplementary was rendered on 12.12.1997.

(3.) Learned counsel for the petitioners, relies on the decision rendered by the Supreme Court in the case of Pune Municipal Corporation &Anr. v. Harakchand Misirimal Solanki &ors., 2014 3 SCC 183, in support of his submission that since the possession of the subject land has not been taken and compensation has not been tendered the petitioners are entitled to a declaration as prayed.