KRISHNA KHANDELWAL Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This petition was admitted on 28.02.2017. Counter affidavit has been filed on 28.07.2015 but no rejoinder has been filed to the same.

(2.) This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings qua the land of the petitioner with respect to 1/6th share in 30 bighas 18 biswas of land (5 bighas 3 biswas) comprised in Khasra Nos.1372/2 (1-4), 1376/3 (1-5), 1377 (5-12), 1378 (0-10), 1379 (4-1), 1380 (4-16), 1381/1 (2-16), 1522 (4-16), 1523/1 (3-14) and 1732/1 (2- 4) situated in revenue estate of village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, National Capital Territory of Delhi (hereinafter referred to as the 'subject land') 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 of the subject land has been taken nor the compensation has been tendered.

(3.) The necessary facts to be noticed for disposal of this writ petition are that a notification, vide No.F4(98)/64- L &H under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the old Act') was issued on 23.01.1965, subsequently a Section 6 declaration was made on 26.12.1968. Thereafter, an Award bearing no.146/80-81 under Section 11 of the old Act was rendered on 30.03.1981. It may be noted that the recorded owner, Mr.Ram Swaroop, father of the petitioner expired on 03.06.1973. A copy of the death certificate has been annexed as Annexure P-5 with the petition. The petitioner being the Class-I legal heir claims to have inherited the aforesaid land upon the demise of his father.