MANPREET SINGH 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 in respect of the land of petitioner comprised in Khasra nos.1202 min(3-0), 1209(0-5), 1210 min (4-5) and 1211 min (4-10), total measuring 12 bigha, situated in the revenue estate of village Chattarpur, Tehsil Hauz Khas, New Delhi (hereinafter referred to as "the subject land") stands 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 the "2013 Act"), as partial compensation has been paid, but possession has not been taken over.

(2.) The necessary facts to be noticed for disposal of this writ petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 25.11.1980. A Section 6 declaration was issued on 07.06.1985 and an Award bearing no.15/87-88 by the Land Acquisition Collector (LAC) was rendered on 05.06.1987.

(3.) Learned counsel for the petitioners, relies on the decision rendered by the Supreme Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, in support of his submission that since the possession of the subject land has not been taken and compensation fully not tendered the petitioner is entitled to declaration so prayed.