NATHI SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to 1/2 share in Khasra nos.267/1 (0-13), 266/2(1-6), 306/8 (1-7) total measuring 3 bighas 6 biswas, ? share in Khasra nos.274(5-3), 254(1-5), 257(0-19), 258(4-2), 226(7-3), 292 (9-2), 227 (0-8) total measuring 28 bighas 2 biswas, situated in the revenue estate of village Khizrabad, Tehsil Mehrauli, Delhi (hereinafter referred to as the 'subject land') stand lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act') as compensation has not been paid to the petitioner.

(2.) In this case, a notification under section 4 of Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 05.07.1973 and a declaration under section 6 was made on 31.01.1976. Thereafter, an award bearing no.75/1986-87 was passed.

(3.) Counsel for the petitioner has drawn attention of the Court to the counter affidavit filed by LAC in support of his submission that the compensation has not been tendered. It is contended that as per para 4 of counter affidavit filed by LAC, the compensation was sent to RD. Counsel further submits that since the compensation has not been tendered to the petitioner, the case of the petitioner would be fully covered by Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and ors., reported at (2014) 3 SCC 183 .