RAJESH JINDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.35/3 min measuring 1 bigha 4-1/4 biswas, situated in the revenue estate of village Rani Khera, 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 the '2013 Act'), as neither the compensation has been tendered to the petitioner nor physical possession of the subject land has been taken.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued followed by a Section 6 declaration. An Award bearing no.08/2005-06 was rendered on 28.06.2005.

(3.) Counsel for the petitioner submits that in this case neither compensation has been tendered to the petitioner nor possession of the subject land has been taken.