GAJRAJ Vs. GOVT OF NCT OF DELHI

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 in respect of the land comprised in Khasra No.281/4(10-11), 282/4(10- 3) & 80(2-8) total area 23 bigha and 02 biswas to the extent of 1/12th share measuring 01 bigha 19 biswas and 03 biswasi situated in the revenue estate of village Ghari Mandu, Shahdara, Delhi (hereinafter referred to as "the subject land") stand 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 physical possession has been taken nor compensation has 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 23.06.1989, a Notification under Section 6 of the Act was issued on 20.06.1990 and an Award bearing No.13/1992-93 was passed on 19.06.199 Counsel for the petitioner submits that the case of the petitioner is fully covered by a decision rendered by the Apex Court in the case of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & ors., (2014) 3 SCC 183, as neither possession has been taken nor compensation has been paid to the petitioner.

(3.) Counsel for the LAC submits that the subject land vests in Gaon Sabha, thus, the petitioner would not be entitled to claim any compensation. Mr.Jain has opposed this petition on the ground that the petitioner is not a rightful owner. In support of his submissions, he relies on paragraph 6 & 7 of the counter affidavit, which read as under: