NARENDER SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by the petitioner seeking a declaration that the acquisition proceedings in respect of the land of the petitioner comprised in Khasra no.23/14 (04-16) admeasuring 4 bigha 16 biswas, situated in the revenue estate of village Mubarakpur Dabas, 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 possession of the subject land has been taken nor the compensation has been tendered to the petitioner.

(2.) The necessary facts required to be noticed for the disposal of the present 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 Section 6 declaration was made on 19.03.2004. Thereafter, an Award bearing no.16/2005-06 was rendered on 14.09.2005.

(3.) Counsel for the petitioner submits that a similar writ petition being W.P. (C) 1785/2015 with respect to the same subject land has already been allowed vide judgment dated 18.07.2017 vis-'-vis to the extent of 1/9th share of the petitioner. However, as on that day a family settlement was under challenge in a declaratory suit i.e. CS (OS) 298/2016, which has now been decreed upholding the family settlement vide judgement dated 26.07.2017. On the basis of CS (OS) 298/2016 filed by one of his family member, the petitioner seeks a declaration that the acquisition proceedings with regard to his share are deemed to have lapsed in view of Section 24(2) of 2013 Act.