ARUN DAYAL Vs. UNION OF INDIA & ORS.

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 initiated in respect of the land of the petitioner measuring 1 bigha comprised in Khasra no.417/2/1, Village Chandrawali @ Shahdara, 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 compensation has not been tendered although the possession has been taken over.

(2.) Learned counsel for the petitioner submits that as per the counter affidavit compensation stands deposited in the Court of Additional District Judge (ADJ) vide cheque bearing no.797555 dated 28.12013. Counsel for the petitioner submits that no benefit would accrue in favour of the respondent as the LAC did not tender the compensation to the petitioner and depositing the amount in the Court of the ADJ would not absolve the respondent of their responsibility. Counsel for the petitioner further submits that the petitioner is praying for compensation under the 2013 Act as the subject land has been put to use by the Public Works Department (PWD) for construction of a road. Counsel 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 compensation has not been tendered, hence, the petitioner is entitled to compensation and a declaration, so prayed.

(3.) 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 22.02006. A Section 6 declaration was made on 20.02.2007 and an Award bearing No.1/2008-09 was rendered on 30.04.2008.