RADHA DEVI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India whereby the petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner falling in khasra No. 46/23 Min, ad-measuring 1 bigha 3 biswas situated in the revenue estate of Village Pehlad Pur Bangar, 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 2013 Act ) as neither physical possession has been taken nor the compensation has not been paid.

(2.) Mr Banati, learned counsel for the petitioner, submits that the decision of the Constitution Bench would have no impact to the facts of the present case in view of the categorical stand taken by the LAC in their counter affidavit that neither physical possession of the subject land has been taken nor compensation tendered. Counsel for the respondents are unable to dispute the submission so made by the counsel for the petitioner.

(3.) In the present case, a notification under Section 4 of the Land Acquisition Act was issued on 21.02003 and a declaration under Section 6 of the Act was made on 19.02004. Thereafter, an award bearing No. 06/2005-06 was rendered on 12.07.2005. Relying on Section 24(2) of the 2013 Act, learned counsel for the petitioner seeks the relief so prayed.