BAL KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings in respect of the land comprised in Khasra No.23//13/2(1- 10) and 23//18/2(3-5) total measuring 4 bighas 15 biswa situated in the revenue estate of village Mubarakpur Dabas, Delhi (hereinafter referred to as 'the subject land') stands 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 possession has been taken nor compensation has been paid to the petitioners.

(2.) Counsel for the petitioners submits that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 21.03.2003, a declaration under Section 6 of the Act was issued on 19.03.2004 and an Award bearing No.16/2005-06 was passed under Section 11 of the Act on 14.09.2005. He further submits that neither the physical possession of subject land has been taken nor the compensation has been tendered to the petitioners and, thus, the petitioners would entitle to a declaration so prayed.

(3.) Mr.Panda, counsel appearing for the LAC relies on the counter affidavit, more particularly para 7, to contend that physical possession of part of the land comprised in Khasra No.23//18/2 min (1-09) was taken and handed over to the beneficiary department on 04.04.2006, however, the possession of the remaining land was not taken and compensation pertaining to the entire land was not paid.