RAVINDER KUMAR Vs. UNION OF INDIA AND ORS

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 pertaining to land of the petitioner comprised in khasra No. 4//2 min, land admeasuring 1 bigha 01 biswa situated in the revenue estate of Village Kirari Suleman Nagar (Patti Nithari), Delhi, 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 '2013 Act') as neither physical possession of the subject land has been taken nor compensation has been paid.

(2.) In this case, a notification under Section 4 of the Land Acquisition Act 1894 was issued on 21.03.2003, Section 6 declaration was made on 19.03.2004 and thereafter an award bearing No.25/2005-06/DC-(NW) was passed by the Land Acquisition Collector on 06.02006.

(3.) Mr Gupta, learned counsel for the petitioner, submits that since the actual physical possession of the subject land has not been taken and compensation in respect thereof has not been paid, thus the petitioner would be entitled to a declaration under Section 24 (2) of the 2013 Act.