SHAKUNTALA DEVI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceeding initiated in respect of the land of petitioners comprised in Khasra no.394 (0-10) and 396 (0-13), measuring 1 bigha 3 biswas, situated in the revenue estate of village Neb Sarai, New 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 the "2013 Act") as the compensation has not been tendered to the petitioners.

(2.) In this case a notification under Section 4 of the Land Acquisition Act, 1894 (in short "the Act") was issued on 05.11.1980 and a declaration under Section 6 of the Act was made on 21.05.1985. Thereafter an award bearing no.12/1987-88 was rendered on 20.05.1987.

(3.) At the outset, learned counsel for the petitioners admits that the physical possession of the subject land has been taken by the respondent.