ARUN ARORA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Counter affidavit has been handed over in court; the same is taken on record.

(2.) This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings in respect of the land of the petitioner admeasuring 1 bigha comprised in Khasra No.731 and 734, situated in the revenue estate of village Tuglakabad, 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 "2013 Act"), as neither the physical possession has been taken nor compensation has been paid to the petitioner.

(3.) In this case, a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 10.11.1960, a declaration under Section 6 of the Act was issued on 04.01.1969. The mother of the petitioner purchased land bearing Khasra No.731 and 734 measuring 1 bigha i.e. 1008 square yards vide Agreement Deed dated 24.05.1974. Thereafter, on 19.09.1986 an Award bearing No.66/1986-87 was passed by the Land Acquisition Collector. In the year 1986, mother of the petitioner alongwith other villagers filed a Writ Petition (C) No.1815/1986 challenging the acquisition proceedings, however, in the year 2003, the said writ petition was dismissed. The petitioner claims to be the legal heir of Smt.Sheela Devi. Counsel for the petitioner submits that since neither the possession has been taken over nor compensation has been tendered which fact is borne out from paras 4 and 5 of the counter affidavit which have been handed over by counsel for LAC in the Court today. He further 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 18