VENNA JAIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioner comprised in Khasra no.490, measuring 1 bigha 1 biswa situated in the revenue estate of village Madan Pur Khadar, 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 the '2013 Act'), as compensation has not been tendered to the petitioner although possession has been taken.

(2.) It is submitted that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 23.06.1989 following by declaration under Sections 6 & 17 of the Act. Thereafter, an Award bearing no.20/92-93 was rendered on 19.06.199

(3.) Counter affidavit has been filed by the LAC in which it is submitted that the actual vacant physical possession of the subject land was taken on 012.2012 and the same was handed over to the DDA. It is further submitted that the compensation was sent to the Reference Court under Section 30-31 of the Act on account of an apportionment dispute as the recorded owners are shown as Prakash and Braham Prakash having ' share each. Learned counsel for the LAC relies on para 4 of the counter affidavit, which we reproduce below: