LAWS(DLH)-2018-1-119

ASHA PRAKSH Vs. UNION OF INDIA & ORS

Decided On January 04, 2018
Asha Praksh 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 seeking a declaration that the acquisition proceedings with respect to the land of the petitioner being 1 bigha 12 biswas 7 biswansi, out of the half share of land forming part of Khasra No.814 Min (3-5) and 815 Min (1-12) situated in the revenue estate of villageSatbari, New Delhi stands lapsed, as neither the actual physical possession has been taken nor the compensation has been paid.

(3.) Counsel for the petitioner submits that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') was issued on 25.11.1980 and a declaration under Section 6 of the said Act was made on 27.05.1985 and an Award bearing No.14/87-88 was made on 26.05.1987 with respect to the subject land. It is also the case of the petitioner that case is fully covered by the decision rendered by the Apex Court in Pune Municipal Corporation & Anr. V. Harak Chand Misiri Mal Solanki & Ors., 2014 3 SCC 183.