ARUN MEHRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioner.

(2.) The petitioner seeks a declaration that the acquisition proceedings initiated in respect of the land of petitioner forming part of Khasra No.607 (4-3), 609 (2-11), 610 (4-4) and 611 (2-3), total measuring 13 Bighas 01 biswas situated in the revenue estate of village Satbari, Tehsil Hauz Khas, New 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 'New Act'), as neither the physical possession has been taken nor compensation has been paid to the petitioner.

(3.) In the instant case, a notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 25.11.1980 followed by a declaration under Section 6 of the Act made on 27.05.1985. Thereafter, an Award bearing no.14/87-88 was made on 26.05.1987. It is the case of the petitioner that neither compensation has been paid to the petitioner nor physical possession has been taken.