VINAY BHASIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings pertaining to the land of the petitioner comprised in Khasra No.18/3 admeasuring 1 Bigha situated in the revenue estate of Village Pansali, Tehsil Kanjawalla, NCT of Delhi, (hereinafter referred 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 physical possession has been taken nor compensation has been paid.

(2.) Mr.Vasisht, learned counsel for the petitioner submits that in this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 27.10.1999 and a declaration under Section 6 was made on 03.04.2000. Thereafter, an award bearing no. 04/2002-03 was passed under Section 11 of the Land Acquisition Act, 1894 on 03.04.200

(3.) At this stage, we may note that the petitioner claims to have purchased 1 bigha of the land comprised in Khasra No. 18/3 (4-16) from Sarvshri Narinder Singh, Randhir Singh, Ranbir Singh, Ashok Kumar and Suresh Kumar after obtaining NOC from the authorities and a Sale Deed was executed in his favour on 28.04.1988. It is the case of the petitioner that the possession of the subject land continues to remain with him. While relying on the counter affidavit filed by the LAC, it is submitted that a categorical assertion has been made that compensation has not been tendered for 1 bigha of the land and thus, the petitioner would be entitled to a declaration that the acquisition proceedings are deemed to have lapsed in view of Section 24 (2) of the 2013 Act.