RAM BABU Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the acquisition proceedings initiated in respect of the land of petitioner comprised in Khasra no.1180 measuring (0-4), situated in the revenue estate of village Naraina, New 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 the "2013 Act").

(2.) Learned counsel for the petitioner submits that Section 4 notification of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued in this case on 13.11.1959, a declaration under Section 6 was made on 001.1969. Thereafter, an Award bearing no.32/79-80 was rendered on 101980. It is the case of the petitioner that on a reference made under Sections 30-31 of the Act bearing LAC no.14/09/82 on 28.01.1982, the claim under Sections 30-31 of the Act was decided by the Court of ADJ with respect to 13 biswas of land out of a total 17 biswas of land. It is the case of the petitioner that neither compensation with respect to the balance 4 biswas has been tendered nor physical possession has been taken as the area is built-up. Reliance is placed on the observations made by the Court of ADJ while deciding the reference petition, more particularly, para 56, which is reproduced below:

(3.) Reliance is placed on the counter affidavit filed by the LAC in support of the above submission.