SUMAN CHHABRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Cm Appln. No. 33171 of 2017. Exemption allowed, subject to just all exceptions. Application stands disposed of. W. P. (C) 8058/2017 Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner i.e. 6050 Square Yards out of Part of Khasra No. 668 (1210 Sq. Yards) and Khasra No. 669 (4840 Sq. Yards), situated in the revenue estate of Village Neb Sarai, New Delhi (hereinafter referred to as 'Subject Land'), has 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 compensation has been paid nor the physical possession has been taken.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 05.11.1980. A declaration under Section 6 of the said Act was made on 21.05.1985 and thereafter an award bearing No. 12/1987-88 was made on 20.05.1987. The petitioner claims to have purchased the subject land, based on a General Power of Attorney dated 02.01.2004 executed by M/s. Laxmichand Bhagaji Ltd. Depositors Management Committee and Agreement to Sell, copies of which have been placed on record.

(3.) Learned counsel for the petitioner submits that the case of the petitioner is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation and Anr. v. Harak Chand Misiri Mal Solanki and Ors., reported in (2014) 3 SCC 183 , as neither compensation has been paid nor possession has been taken.