KANIKA GANDOTRA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Cm APPL. No. 33505/2017

(2.) It is pointed out that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 27.06.1996. A Section 6 declaration of the Act was made on 10.01.1997 and thereafter an Award bearing No. 2/1998-99 was passed on 07.01.1999.

(3.) Ms. Marwaha, learned counsel for the petitioner submits that having regard to the fact that neither the possession of the subject land was taken nor the compensation has been paid, the acquisition proceedings with respect to the land of the petitioner stands lapsed. Reliance has been placed on the decision rendered by the Apex Court in Pune Municipal Corporation &Anr. V. Harak Chand Misiri Mal Solanki &Ors., 2014 3 SCC 183. Ms. Marwaha further contends that the objection raised by Land Acquisition Collector that no relief can be granted to the petitioner on account of stay order granted by this Court in W. P. (C) 7802/2012 titled as Ruchi Vihar Housing Welfare Society (Regd.) Vs. Govt. of NCT of Delhi &Ors., has no force as the same objection was raised and rejected by the predecessor Bench of this Court.