RAJESH WADHWA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioner. The petitioner seeks a declaration that the acquisition proceedings initiated with respect to 1 bigha (1008 sq. yards) of agricultural land comprised in Khasra No.941/623 situated in revenue estate of Village Maidan Garhi, NCT of Delhi (hereinafter referred to as "the subject land") is deemed to have lapsed as neither physical possession has been taken nor compensation has been tendered to the petitioner. Reliance is placed on 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").

(2.) Counter affidavits have been filed by the LAC as also by the Delhi Development Authority (DDA).

(3.) As per the counter affidavits which have been filed, the petitioner has no locus standi to file the present writ petition or claim benefit of Section 24 (2) of the 2013 Act as the compensation stands already paid to the recorded owners, namely, Bhim Singh, Hukum Chand, Bhaan Singh and Mehar Singh in the year 1987. It is also the case of the LAC that the physical possession of the land has been taken. The DDA has also stated in the counter affidavit that the possession was taken on 16.07.1987.