BALKISHAN AND ORS Vs. UOI AND ORS

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India whereby the petitioners seek a declaration that the acquisition proceedings pertaining to agricultural land falling in khasra No. 507 admeasuring 7 bigha 8 biswa situated in the Revenue Estate of Village Mamurpur, Narela, Delhi (hereinafter referred to as the subject land ) is 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 physical possession has been taken nor compensation has been tendered.

(2.) The counsel for the petitioners submits that in view of the categorical stand taken by the LAC in the counter affidavit that compensation has not been tendered to the petitioners, the present writ petition should be decided as the decision of the Constitution Bench would not have any impact on the present case.

(3.) It is contended by the learned counsel for the petitioners that a notification under Section 4 of the Land Acquisition Act was issued on 30.10.1963 and Section 6 declaration was made on 16.01.1969. Thereafter, an award was rendered on 09.08.1983 vide Award No. 30/1983-84. The counsel for the petitioners has drawn the attention of the Court to the counter affidavit filed by the LAC, more particularly, paragraph 6 wherein a specific averment has been made that as per the Naksha Mutzamin the compensation has not been tendered to the petitioners.