DAYA KISHAN Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land of the petitioner comprised in Khasra No.31/33, total measuring 1 Bigha, situated in the revenue estate of village Tikri Kalan, Delhi (hereinafter referred 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 '2013 Act') as neither the actual physical possession of the subject land has been taken nor the compensation in respect thereof has been paid to the petitioner.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act') was issued on 101987 and a declaration under Section 6 was made on 26.01987. Thereafter, an award bearing no.11/1988-89 was passed on 10.01989.

(3.) Mr. Anil Kumar, learned counsel for the petitioner submits that since the actual physical possession of the subject land has not been taken and compensation in respect thereof has not been paid, thus the petitioner would be entitled to a declaration under Section 24 (2) of the 2013 Act.