KAMAL KUMAR JAIN &ANR Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the parties, the present writ petition is set down for final hearing and disposal.

(2.) This is a petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings are liable to lapse with respect to the land of the petitioner measuring 3 Bigha 16 Biswas approximately 3800 Sq. Yards out of Khasra No. 36/17 Min. (1-16) and 36/34 Min. (2-00) situated in the revenue estate of Village Ranekhera, Delhi now known as Bhagya Vihar Jain Colony, New Delhi (hereinafter referred to as 'Subject Land') 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 physical possession of the subject land has been taken nor the compensation has been paid.

(3.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 21.03.2003 followed by a declaration under Section 6 of the said Act on 18.03.2004 and an award in respect of the subject land was rendered on 12.07.2005.