VINOD KUMAR AND ORS Vs. UOI AND ORS

JUDGEMENT

(1.) With the consent of the parties, the writ petition is set down for final hearing and disposal.

(2.) This is a petition under Article 226 of the Constitution of India filed by the petitioners. The petitioners claim to be owners of land measuring 1 bigha 18 biswas (1/6th share) in Khasra No.1100 situated in the revenue estate of village Tughlakabad, Delhi comprised in khata/khatauni no.177/226 (hereinafter referred to as "?the subject land "?) and seek a direction that the acquisition proceedings with respect to 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 the compensation has not been paid to the petitioners.

(3.) The necessary facts to be noticed for disposal of this writ petition are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "?the Act "?) was issued on 05.11.1980. A Section 6 declaration was made on 08.01.1986. Thereafter, an Award bearing no.29 of the year 1987-88 was rendered. Counsel for the petitioners submits that the possession of the subject land has been taken but compensation has not been paid. Counsel further submits that the writ petition of other co-owners of the same subject land already stands allowed vide an order dated 09.08.2016. Mr.Sanjay Pathak, learned counsel for the LAC submits that as per the counter affidavit filed by the LAC, more particularly paragraph 8, the compensation has not been paid and the copies of the possession proceedings are also not available. Mr.Sanjeev Sabharwal, learned counsel for the DDA submits that as per the record of the DDA possession has not been handed over to them.