SANJEETA CHHABRA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to 3468 square yards of land comprised in Khasra No. 666 situated in the revenue estate of village Neb Sarai, Tehsil Hauz Khas, Delhi (hereinafter referred to as 'the subject land') are deemed to have 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.

(2.) The necessary facts to be noticed for disposal of this petition are that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 05.11.1980, a Declaration under Section 6 of the Act was issued on 21.05.1985 and an Award bearing No. 12/87-88 was passed on 20.05.1987.

(3.) Mr. Ankit Banati, learned counsel for the petitioner submits that since the physical possession of the subject land has not been taken and the compensation in respect thereof has not been paid, the petitioner would be entitled to a declaration that the acquisition proceedings are deemed to have lapsed under Section 24(2) of the 2013 Act.