RAM PRASAD Vs. LAND ACQUISITION COLLECTOR & ORS

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 filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land i.e. residential plot measuring 100 square yards out of Khasra No.628/2(3-05) and 631/2(4-12) situated in the revenue estate of village Roshanpura, abadi known as Shyam Vihar, Delhi (hereinafter referred to as 'the subject land') is deemed to have 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 physical possession has been taken nor compensation has been paid to the petitioner.

(3.) Counsel for the petitioner submits that in this case, the petitioner had purchased the residential plot measuring 100 square yards situated in the revenue estate of village Roshanpura, Delhi by way of a registered General Power of Attorney, Will, Agreement to Sell, Receipt and Affidavit. He further submits that the Provisional Certificate of Regularization was issued in favour of the colony where the land is situated being Shyam Vihar, an unauthorized colony.