LAWS(DLH)-2018-1-15

GYAN CHAND Vs. UNION OF INDIA

Decided On January 05, 2018
GYAN CHAND And ORS Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This writ petition was admitted on 21.11.2016.

(2.) This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to their land comprising in Khasra no.1354/2 (02-15), 2851/810-826 (02-01), 2852/826/827(02-07), 1910/869- 870(02-11), 4086/901(0-19), 907/1(0-13) 907/2 (0-13), 1940/1282- 1283 (5-09), 2008/1295-1296 (0-09), 1877/1311-1312 (06-08), 1353 (0-16), 1993/742 (0-08), 1993/742(0-11) total measuring 26 bihas and 10 biswas situated in the revenue estate of village, Tughlakabad, Delhi (hereinafter referred to as the "?subject land "?) are 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 possession has been taken nor compensation has been paid.

(3.) The necessary facts to be noticed for disposal of this writ petition are that a notification under section 4 of Land Acquisition Act, 1894 was issued on 25.01.1965, a declaration under section 6 was made on 13.02.1969 and an award bearing no.50-A/1969-70 was made on