AZHAR AHMED Vs. UNION OF INDIA AND 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 with respect to land bearing Khasra No. 57 (1-08), measuring 01 Bigha and 08 Biswas, situated in the revenue estate of village Behlolpur Khedar, Tehsil Mehrauli, New Delhi (hereinafter referred as the 'subject land') are deemed to have lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act') as neither the possession of the subject land has been taken nor the compensation has been paid to the petitioner.

(2.) A Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 23.06.1989 followed by a declaration under Section 6 of the act was made on 206.1990. Thereafter, an Award bearing No. 15/92-93 was pronounced by the Land Acquisition Collector.

(3.) It is the case of the petitioner that neither the compensation with respect to the subject land has been tendered nor the possession of the subject land has been taken.