DARSHAN LAL Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to (01-17) land comprised in Khasra No. 33/18/1 in the revenue estate of village Barwala, 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 '2013 Act'), as although the physical possession has been taken by the Respondent, however the compensation in respect thereof has not been paid to the petitioner.

(2.) The necessary facts to be noticed for disposal of this petition are that a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 21.03.2003, a Declaration under Section 6 of the Act was issued on 19.03.2004 and an Award bearing No.12/2005-06 was passed on 05.08.2005.

(3.) Mr. Anuj Kumar Garg, learned counsel for the petitioner submits that the physical possession of the subject land has been taken, however, the compensation in respect thereof has not been paid, therefore the Petitioner would be entitled to a declaration under Section 24(2) of the 2013 Act. He further submits that his submission is further fortified by the stand taken by the LAC in the counter affidavit.