HIMANSHU GUPTA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioner comprised in Khasra no.676 min., measuring 1 bigha 2 biswas, situated in the revenue estate of village Malik Pur Kohi @ Rang Puri, 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 the "2013 Act"), as neither the compensation has been tendered to the petitioner nor possession of the subject land has been taken.

(2.) It is the case of the petitioner that notifications under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") were issued on 01.06.1995 and 27.06.1996, a Section 6 declaration was made on 24.06.1997. Thereafter, an Award bearing no.7/98-99/SW was rendered on 206.1999. Counsel for the petitioner further submits that the case of the petitioner is fully covered by provisions of Section 24(2) of 2013 Act, as neither compensation has been paid to the petitioner nor possession of subject land has been taken.

(3.) Counsel for the petitioner further submits that the decision of the Constitution Bench would have no bearing in the present case, as admittedly, the compensation has not been tendered to the petitioner.